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 co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.