Among the numerous federal privacy and data security bills that have been introduced in Congress over the last four months, Senator Franken’s “Location Privacy Protection Act” (S. 1223) focuses specifically on the collection of geolocation data by covered entities through mobile devices.  The bill would prohibit entities that offer or provide services to certain mobile devices from collecting and disclosing a consumer’s geolocation information, unless the company has obtained the consumer’s express consent.

“Geolocation information” is defined to include any information that (1) concerns the location of an electronic communications device that is generated or derived from the consumer’s use of the device and (2) may be used to identify or approximate the location of the device.  The term does not include, however, any temporarily assigned network address or IP address.  

The legislation would be enforced by the U.S. Attorney General, state attorneys general, and private individuals (who would have the right to bring private lawsuits).

Sen. Franken has shown a strong interest in mobile privacy issues.  As we blogged here in May, Sen. Franken has requested that Apple and Google require all applications available in the Apple App Store and the Android App Market to have “clear and understandable” privacy policies.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.