Attorney Kevin Pomfret: Privacy Push Will Impact Geolocation Sector

Wireless News
01-10-2011
Attorney Kevin Pomfret: Privacy Push Will Impact Geolocation Sector
Type: News

LeClairRyan attorney Kevin Pomfret, an advisor in the developing fields of spatial law and technology, said its efforts to protect consumers' privacy on the Internet are likely to impact companies that collect, use or distribute geolocation data.

As a result, businesses should step forward to educate Congress and executive agencies such as the Federal Trade Commission (FTC) about the breadth and scope of location-based technologies, as well as the industry's enormous potential, Pomfret said. In addition, the veteran attorney recommended that companies begin to identify and protect any geolocation data they collect or use that could be associated with an individual.
A number of privacy-related initiatives are currently underway in Washington that attempt to address geolocation, noted Pomfret, a Richmond-based partner in LeClairRyan and executive director of the Centre for Spatial Law and Policy. For example, Rep. Bobby L. Rush's privacy protection bill, the so-called "Best Practices Act of 2010," cites "precise geolocation information" as sensitive data subject to greater protection, and similar legislation is expected in the near future.

In addition, the FTC staff recently stated in its 123-page report, "Protecting Consumer Privacy in an Era of Rapid Change," that precise geolocation information is sensitive and subject to greater protection. The Department of Commerce also issued a report in December that cites location as a privacy concern.

As noted by Pomfret, GPS location-aware smart phones and other devices already collect enormous amounts of data about where people go, who they are and what they do. The level of available detail-- and potential privacy risks--will only increase with time, compounding existing concerns about such issues as "cyber- stalking," Fourth Amendment privacy rights and more, he said.

A business-minded law firm, LeClairRyan specializes in developing legal solutions to its clients' business challenges. LeClairRyan provides business counsel and client representation in corporate law and high-stakes litigation.

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