How to Adjust to the FTC’s Crackdown on Sensitive Location Data

The FTC closed 2024 by creating protections around data that reveals people’s visits to sensitive locations. In December, it settled two cases and published blog posts advising companies to keep an updated list of sensitive locations to scrub from their personal data collections, and to avoid using precise geolocation data unless they verify that any data brokers, aggregators or apps supplying it obtained individuals’ explicit consent. This article delves into the takeaways from the December settlements and blog posts, including the key compliance steps that companies should consider taking, and discusses the points of dissent expressed in the cases to highlight possible enforcement priorities for the upcoming slate of FTC commissioners. See “FCC Forfeiture Orders Underline Need for Vigilance on Geolocation Sharing” (Jul. 17, 2024).

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