Location privacy has continued to spark debate in Congress and the agencies in recent months. Following a series of hearings on mobile data, competing bills on location privacy were introduced in June: the Geolocational Privacy and Surveillance Act introduced by Representative Chaffetz (R-UT) as H.R. 2168, and by Senator Wyden (R-OR) as S. 1212; and the Location Privacy Protection Act, S. 1223, introduced by Senators Franken (D-MN) and Blumenthal (D-CT). Both bills would generally require consent for the collection of location data and include private rights of action.
At the same time, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) hosted a forum to explore how consumers can remain secure while enjoying the benefits of locationbased services (“LBS”). The forum examined trends in LBS, industry approaches to protecting privacy, and what parents should know about children and location data. Following the forum, the FCC accepted public comments through July 8, 2011 to help inform an expected staff-level report on how consumers may navigate LBS.