Chapter 12 Case Study - Life on the Grid : iPhone Becomes iTrack

Question 1 : Why do cell phone manufacturers (Apple, Google, and Blackberry) want to track where their customers go?

Cell phone manufacturers want to track where their customers go because they want to allowed people to enable their mobile to give out details of their locations to trusted contacts. Google point out that users had to specifically choose to make their data available. Then, the Apple said users can check for themselves what location data the phone is retaining. The guardian has confirmed that 3G- enabled device including the iPad also retain the data and copy it to the owner’s computer.

If someone were to steal an iPhone and "jailbreak" it, giving them direct access to the files it contains, they could extract the location database directly. Alternatively, anyone with direct access to a user's computer could run the application and see a visualization of their movements. Encrypting data on the computer is one way to protect against it, though that still leaves the file on the phone. created a simple downloadable application to let Apple users check for themselves what location data the phone is retaining. The Guardian has confirmed that 3G-enabled devices including the iPad also retain the data and copy it to the owner's computer. 

Apple can legitimately claim that it has permission to collect the data: near the end of the 15,200-word terms and conditions for its iTunes program, used to synchronise with iPhones, iPods and iPads, is an 86-word paragraph about "location-based services". It says that Apple and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Apple computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Apple and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.Question 2 : Do you think cell phone customers should be able to turn tracking off? Should customers be informed when they are being tracked? Why or why not?

Turning the GPS off will turn off the tracking system, otherwise you've got no expectation of privacy, a federal magistrate said recently in a ruling. The ACLU calls the decision an "opinion straight from the Twilight Zone," as well as a violation of the Fourth Amendment's protections against illegal search-and-seizure. Data protection law only applies to information that qualifies as 'personal data'. The information these systems gather is unlikely to qualify as personal data when read on its own but could identify individuals when combined with information from other sources. However, if that company is able to combine that information with other information about that individual, via, for example, CCTV, Bluetooth locally-targeted advertising systems; Wi-Fi networks and Facebook location-login systems, this could constitute personal data. The company would then need to notify customers about the way in which and the purposes for which their personal data is being processed. Under current data protection rules processors of personal data must generally obtain "freely given, specific and informed" consent in order to do so.

Question 3 : Do you think cell phone tracking is a violation of a person’s privacy?

Yes, this is because data protection law only applies to information that qualifies as 'personal data'. The information these systems gather is unlikely to qualify as personal data when read on its own but could identify individuals when combined with information from other sources, according to Kathryn Wynn, an expert in data privacy at Pinsent Masons, the law firm behind Out-Law.com.

If the company is just tracking customers' movements on a single visit such as to a shopping centre and is not able to collect shopping habit information about individuals on a long term basis, it would appear that the information collected is more like geolocation data rather than technology. Under current data protection rules processors of personal data must generally obtain "freely given, specific and informed" consent in order to do so.