- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
May 2023Robins Kaplan LLP Celebrates 85 Years
May 17, 2023Minnesota Settles Lawsuit Against JUUL and Altria for $60.5 million
May 16, 2023Robins Kaplan Practice Groups, Attorney Recognized in Elite Trial Lawyers Awards
May 30, 2023ACRELive! MOAC (Mall of America) v. Transform Holdco
June 1, 202313th Annual Disability Justice Seminar
June 5, 2023Proposition 65
May 2023Raoul Shah: Keeping Humanity and Compassion Close
May 18, 2023NFT Trademark Defense Comes Down To Licensing Terms
April 20, 2023Drafting Subsequent Agreements to Avoid Arbitrability Litigation
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Mobile Location Analytics: Additional Considerations for Retailers
March 29, 2016
Since our first update on Mobile Location Analytics (MLA) for retailers, the International Working Group on Data Protection in Telecommunications (“the Group”) has released a working paper1 raising additional considerations and recommendations for retailers who use MLA technology. The Group recommends a layered approach with multiple categories of safeguards to address privacy issues, comply with data protection laws, and avoid potential litigation.
In addition to the MLA Code of Conduct referenced in our first update, there are two additional codes of conduct that retailers should be aware of, one from the Network Advertising Initiative and one from the Digital Advertising Initiative. Although none of these has become the “official” code of MLA usage, they raise important privacy considerations for retailers. Recognizing the need for accountability in the use of MLA, the Group suggests that organizations conduct a formal “Privacy Impact Assessment” before putting an MLA system to use.
In addition to signage informing individuals that MLA technology is in use, retailers should consider how to clearly communicate the purpose for collecting the data. One helpful tool is the use of a standard symbol throughout the retail industry or even across industries to inform individuals that MLA technology is being employed. Retailers should consider the impact of MLA on employees or other staff who may be subject to extensive data collection without the proper precautions.
Retailers should also consider the process of collecting information, including the frequency of data collection, the location of MLA beacons, how continuously information is collected, how data is anonymized and destroyed, and whether and how any data is to be shared with third parties. For example, it may be necessary to establish and identify MLA “privacy zones,” such as restrooms or first-aid stations where tracking is turned off.
As retailers continue to rely on use MLA technology, these and other considerations are becoming increasingly important. Retailers should use an abundance of caution to ensure that their MLA systems abide by applicable laws and thoroughly address customer privacy concerns.
1. “Working Paper on Location Tracking from Communications of Mobile Devices,” https://datenschutz-berlin.de/content/europainternational/international-working-group-on-data-protectionin-telecommunications-iwgdpt/working-papers-and-commonpositions-adopted-by-the-working-group
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Member of the Executive Board;
Member of the Firm's Diversity Committee;
Pro Bono Chair, Los Angeles Office
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.