Jessica Rich, Director of the FTC Bureau of Consumer Protection, told the Senate Judiciary Committee’s Subcommittee for Privacy, Technology that the Commission would like to see changes to the wording of the Location Privacy Protection Act of 2014 (LPPA) (http://www.ftc.gov/news-events/press-releases/2014/06/ftc-testifies-geolocation-privacy). The LPPA is draft legislation introduced by Sen. Al Franken that carves out new consumer protections for location data sent and received by mobile phones, tablets and other portable computing devices. Rich said that the FTC, as the U.S. Government’s leading privacy enforcement agency, should be given rule making and enforcement authority for the civil provisions of the LPPA. The current draft of the law instead gives that authority to the Department of Justice (DOJ).
The LPPA updates the Electronic Communications Privacy Act to take into account the widespread and availability and commercial use of geolocation information provided. LPPA requires that companies get individuals’ permission before collecting location data off of smartphones, tablets, or in-car navigation devices, and before sharing it with others.
It would prevent what Franken refers to as “GPS stalking,” preventing companies from collecting location data in secret. LPPA also requires companies to reveal the kinds of data they collect and how they share and use it, bans the development, operation, and sale of GPS stalking apps and requires the federal government to collect data on GPS stalking and facilitate reporting of GPS stalking by the public.(http://www.franken.senate.gov/files/documents/140327Locationprivacy.pdf)