Judge: Warrant required to access mobile location data


Out-law.com
August 25, 2011

The US government should have to obtain a warrant before mobile phone providers have to hand over multiple geolocation data records about customers, a US judge has said.

In Europe, privacy watchdogs have called on geolocation data to be classed as personal data, information that can be used to identify someone. EU data protection laws set out special rules on how personal data can be used by organisations that hold it.

Mr Justice Garaufis said that an exception to privacy rights set out in the United States’ Fourth Amendment should not apply to the collection of multiple records of mobile users’ geolocation data.

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