where you are is who you are: legal trends in geolocation data privacy & security

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SESSION ID: #RSAC Davi M. Adler Where You Are Is Who You Are: Legal Trends in Geolocation Privacy & Security LAW-T11 Attorney/Founder Adler Law Group @adlerlaw

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Page 1: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

SESSION ID:

#RSAC

Davi M. Adler

Where You Are Is Who You Are: Legal Trends in Geolocation Privacy & Security

LAW-T11

Attorney/FounderAdler Law Group@adlerlaw

Page 2: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

2

Introduction

Does sharing geolocation info protect us?

What? Who? Why?

Risk avoidance = Reviewing/updating Policies & Contracts & Training

U.S. v. Global Laws

Page 3: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

3

Internet use is changing!

40% Gov’t Services

43% Job info18% Submit Job App

44% Real Estate

57% Online Banking

62% Research Health Condition

Mobile Devices & Major Life Events/Experiences

Page 4: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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How Smartphone Owners Share Location

67% Get Dire

ctions

Public Tran

sport

Post Lo

cation

"Check

in"

Taxi Se

rivce

0%

30%

60%

Location Relevant Data

Percentage of Users

Page 5: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

5

Location info is gathered many ways

User

Cell Tower

WiFi Hotspot

Crowd-sourcin

g

GPS

Page 6: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

6

Use v. Trust

USE

TRUST

Page 7: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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Location Data = Sensitive Data

Sensitive Data

Legal Duty to Protect

Use Increasing

Disclosures Opaque

06/04/14 FTC Dir. Rich Testifies before Congress:“Geolocation information divulges intimately personal details of an Individual”

Page 8: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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Complicated & Confusing

US: No uniform privacy laws. Enforcement is “ad-hoc.”

FTC: enforcing privacy policies & security procedures.

Sensitive Info: Employment, Medical, Sexual Orientation, Financial.

Trend:Greater State & Federal Legislative & Regulatory Involvement

Page 9: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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Trends: Federal Legislation

White

House

Privacy Bill of Rights

Act of 2015

Federal Geolocation Privacy Legislation

Consolidated Appropriations Act, 2015Enacted

(Sec. 417 of Div. K)

GPS Act (S. 237)

(H.R. 491)

Online Communications

& Geolocation Protection Act

(H.R. 983)

Location Privacy Protection Act of

2014 (S. 2171)

Page 10: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

10

Trends: State Location Privacy Initiatives

Legislation

CA Senate Bill 576

State AGs

CA: State AG sued Delta over failure to post Privacy Policy in Mobile App (CalOPPA)

Page 11: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

11

Trends: Regulatory Enforcement

FTCRetail In-store Tracking (NOMI)

Geolocation Sharing (Snapchat)

Address Book Access/ Sharing (Path)

Flashlight (Goldenshores)

FCCAT&T: April 8, 2015 call center data data breach

Net Neutrality: New rule-making authority over internet access

Page 12: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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Nest Steps: Risk Mitigation & Avoidance

Identify & Locate

Review & Revise

Update Policies & Contracts

Train Employees

Page 13: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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Nest Steps: Risk Mitigation & Avoidance

Update Policies & Contracts:Notice & Meaningful Choice

Transparency

3d Party Access to Location Info?

Page 14: Where You Are Is Who You Are: Legal Trends in Geolocation Data Privacy & Security

Adler Law Group

#RSAC

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Thank You!

David M. Adler  |  Adler Law GroupSafeguarding Ideas, Relationships & Talent ®     

300 Saunders Road, Suite 100Riverwoods, Illinois 60015

Direct: (866) 734-2568

Email: [email protected] Web: www.adler-law.com

Blog: Adlerlaw.wordpress.comTwitter: @adlerlaw 

LinkedIn: https://www.linkedin.com/in/adlerlaw  Ping® Newsletter