The collection and use of real-time mobile-location data has emerged as a critical piece of the larger data-privacy debate. A recent run of negative stories have conveyed the impression that location data usage by marketers is tantamount to spying on consumers.
We’re also starting to see lawsuits, like one recently filed by the Los Angeles City Attorney against the Weather Company, for allegedly misleading consumers about how their location data would be used. More suits will likely follow.
Carriers cut off data sharing. The negative coverage and exposure of some high-profile abuses have motivated major U.S. mobile carriers to cut off location data sharing with third party “location aggregators.” The latest to do so is AT&T, following a story by Motherboard that indicated carrier data was getting into the hands of unauthorized third parties — bounty hunters, in this case — and being used for legally dubious purposes.
As a practical matter, these moves are unlikely to significantly impact use of location data by advertisers on major platforms or in the programmatic ecosystem. AT&T owns AppNexus; Verizon owns Verizon Media Group (the rebranded Oath). Location data will probably still be available to advertisers on these platforms — they’re not “third parties.” (We’ve asked Verizon for clarification on this point and will update the story if they respond.)
Calls for more regulation or legislation. Location data are so valuable and widely available that abuses are inevitable. Some of these increasingly frequent reports are adding momentum to calls for federal data privacy legislation. The carriers’ decision to cut off location aggregators is at least partly an effort to preempt investigations and potentially forestall regulation.
Some location data companies embrace the proposition of clear regulatory or legislative guidelines, however.
For example, PlaceIQ CEO Duncan McCall recently told me in email: “I think that the California Consumer Privacy Act and hopefully a similar federal law (as a state-by-state patchwork of different laws would be good for no one) will not only give consumers protection and confidence, but will finally give the digital data and location data ecosystem a well-thought out set of rules and guidelines to adhere to. This will bring stability and predictability to the industry, and help weed out some of the “wild west” players that have had no interest in investing for the long term good of the ecosystem.”
Most location-data companies also say they adhere to ethical data-collection practices and are scrupulous about being “good actors” in the ecosystem. Some are vocal about the responsible and/or socially beneficial use of location technology. And some organizations (e.g., NAI) are seeking to enforce transparent and ethical data collection standards. Foursquare told me in email that their apps and partners seek opt-in consent for use of location data.
Why you should care. Location data is available from a wide range of sources in the market, including app developers and the programmatic bid stream. The loss of carrier location is not a significant blow to the ecosystem.
However it is reflective of a trend toward the tightening of access to location information more generally. While it remains to be seen whether federal privacy legislation passes in 2019 (multiple bills have been proposed), California’s Consumer Privacy Act will go into effect January 1, 2020. Other states may enact similar or more strict laws, which would lend further impetus to comprehensive federal legislation.
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