Contact: Kevin D. Pomfret
The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only applies to Uber, it is reflective of the evolution of the FTC’s position on the sensitivity of consumers’ location information. Adding precise geolocation information in the definition of personal information will have a significant impact on emerging technologies, such as drones, autonomous vehicles and the Internet of Things (IoT), that will generate or collect geolocation information. It also will affect the growing number of companies that use geolocation information in their business operations.
In its draft complaint, the FTC stated that Uber collects “precise geolocation information” on both drivers and riders from apps loaded on their respective mobile devices. The complaint alleged that Uber also collects “information about the route of the trip from the Driver’s mobile device and associates the trip information with the Rider.” The FTC alleged that Uber had not taken adequate steps to protect the precise geolocation information and other personal information it collected on drivers and riders, specifically citing a lack of employee training and reasonable access controls. As a result, the FTC alleged that Uber’s privacy policy – and other statements made to customers about how their personal information was being protected – were false and misleading.
