The privacy challenges posed by location data

Location data is so rich and revealing of patterns of movement and behaviour that it can oftentimes at least individuate, if not also lead to the identification of, individuals.

Any corporation that collects an individual’s location data may be wrestling with specific challenges to meeting its obligations defined under the Australian Privacy Act.

In fact, the Federal Court of Australia (FCA) recently held that Google partially misled Australian consumers about the collection of their location data when it made on-screen representations on Android mobile phones and tablets.

In this article, the following issues are explored, and recommendations are made which may be helpful for lawyers who are advising stakeholders regarding,

• the proliferation of location data
• the limits of privacy regulation
• when location data is in scope for privacy regulation
• how privacy harms occur
• emerging regulatory approaches.

Source: Privacy Law Bulletin (2020, Vol 17, No 5)

Authored by Anna Johnston BA, LLB (Hons I), Grad Dip Leg Prac, Grad Cert Mgmt, MPP (Hons)
Principal, Salinger Privacy
anna@salingerprivacy.com.au
www.salingerprivacy.com.au

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