Shopping centre uses mobile phone data to "monitor visitor levels"

John Wilson tugwilson at gmail.com
Tue Aug 23 14:31:38 BST 2011


On 23 August 2011 10:22, James Firth <james2 at jfirth.net> wrote:
>> So they are collecting very fine grained location data for individual
>> phones. No doubt the towers log the information which would let you
>> turn a TIMISI into a telephone number. Handy if there's a riot.
>>
>
> Isn't this capture of traffic data, and doesn't this require informed
> consent.  ICO says:
>
> "However, to obtain valid informed consent, the subscriber or user should be
> given enough clear information for them to have a broad appreciation of how
> the data is going to be used and the consequences of consenting to such use
> (see the first principle in the guide to data protection). In light of this,
> the service provider will not be able to rely on a blanket 'catch all'
> statement on a bill or a website but must get specific informed consent..."
>
> http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communication
> s/the_guide/traffic_data.aspx
>
> And isn't such a sign a real-world equivalent of a "blanket 'catch all'"...


It would appear so.

However, that guidance applies to traffic capture by a service
provider. Land Securities are not providing the telecommunications
service here. They are intercepting the traffic. Would RIPA apply in
this case?

John Wilson



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