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US Privacy Update

December 17 2012

In the US, the Senate Judiciary Committee has approved an Act drawn up by Sen. Al Franken, requiring companies to obtain consent from customers before collecting or sharing mobile location data. Separately, debate continues over extensions to the children's privacy act COPPA.

Location trackers under scrutinySenator Franken (D-Minn.) said his Location Privacy Protection Act would make mandatory a practice already followed by many apps, and would help to curb resulting behaviors such as stalking and domestic violence. He added: 'I believe that Americans have the fundamental right to control who can track their location, and whether or not that information can be given to third parties. But right now, companies - some legitimate, some sleazy - are collecting your or your child's location and selling it to ad companies or who knows who else.'

A number of other senators have expressed reservations about the bill, including Republican Chuck Grassley (Iowa), who says some of its provisions could limit commercial innovation. Franken, who says he has worked on the draft for a year and a half, says he has held detailed discussions with industry groups.

Economic debates relating to the 'fiscal cliff' are likely to prevent Franken's bill from passing during this Congress.

The committee recently approved an update of the Electronic Communications Privacy Act, including a provision to require law enforcement authorities to get search warrants before accessing consumer's emails and other personal data.

Meanwhile privacy organisations continue to push the FTC for an update of the COPPA children's privacy legislation which would broaden the current definition of personal information to include certain types of cookies, device serial numbers, and some IP addresses - a move opposed by the IAB (Interactive Advertising Bureau) which says it will 'undermine legitimate commercial practices that have revolutionized the way kids learn and play in the digital age'.

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.

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