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Virginia bans sale of precise geolocation data

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Re: Virginia bans sale of precise geolocation data

#21

Post by thephyber »

dv_dt wrote: post #10

So let's say a Delaware incorporated company sells location data that happens to be collected in Virginia, but its sold from the corporation with no operations in Virginia. What happens? On the other hand us-east-1 is in Virginia with who knows how many payment processing servers running.

Most likely the vendor will make a judgement call about whether they care to comply. If they do want to comply, they will likely exempt all Virginia data from the collected data set and contractually require and downstream user to indemnify them if a Virginia person is affected by their data set.

Re: Virginia bans sale of precise geolocation data

#22

Post by charcircuit »

baranul wrote: post #13
peter303 wrote: post #7

NYTimes article a few years ago on how car insurance companies were using such data. Tracking sudden stoos, driving at night, driving faster than 80 mph, etc.

Exactly. Exchanging private and personal user data without consent and without users being aware of it, for their profits.

The economy is not 0 sum. Someone else profiting doesn't hurt you.

Re: Virginia bans sale of precise geolocation data

#23

Post by kube-system »

mathgeek wrote: post #19
petercooper wrote: post #18

I was intrigued, because even a broad location given for an IP address is "geolocation data", but the law says "precise geolocation data" which limits it to device-reported data, I assume.

It likely fits the definition of precise location data that you can configure on mobile settings (it's a finer grained option you can enable when sharing your location).

Laws typically define terms like this, and this law is no exception.

> "Precise geolocation data" means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. "Precise geolocation data" does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.

https://law.lis.virginia.gov/vacode/title59.1/chapter53/sect...

Re: Virginia bans sale of precise geolocation data

#24

Post by markdown »

charcircuit wrote: post #22
baranul wrote: post #13

Earlier quoted context omitted.

Exactly. Exchanging private and personal user data without consent and without users being aware of it, for their profits.

The economy is not 0 sum. Someone else profiting doesn't hurt you.

Seems you missed that part that DOES hurt us:

> Exchanging private and personal user data without consent and without users being aware of it

Re: Virginia bans sale of precise geolocation data

#26

Post by markdown »

petercooper wrote: post #18

I was intrigued, because even a broad location given for an IP address is "geolocation data", but the law says "precise geolocation data" which limits it to device-reported data, I assume.

I'm sure any coordinates would do. So long as it's not "behind the maple tree that stands across the road from Ross Dress for Less"

Re: Virginia bans sale of precise geolocation data

#27

Post by HoldOnAMinute »

thephyber wrote: post #21
dv_dt wrote: post #10

So let's say a Delaware incorporated company sells location data that happens to be collected in Virginia, but its sold from the corporation with no operations in Virginia. What happens? On the other hand us-east-1 is in Virginia with who knows how many payment processing servers running.

Most likely the vendor will make a judgement call about whether they care to comply. If they do want to comply, they will likely exempt all Virginia data from the collected data set and contractually require and downstream user to indemnify them if a Virginia person is affected by their data set.

So, they are collecting geolocation data to avoid selling geolocation data.

BRILLIANT

Re: Virginia bans sale of precise geolocation data

#28

Post by hoppyhoppy2 »

toomuchtodo wrote: post #2

Bill: https://lis.virginia.gov/bill-details/20261/SB338/text/SB338 > Virginia follows Maryland and Oregon in banning the sale of geolocation data. Both Maryland and Oregon more broadly define “sale” to mean the exchange of personal data “for monetary or other valuable consideration.” Virginia joins several other states that have recently proposed legislation with similar bans, including California, Massachusetts, Ver…

https://law.lis.virginia.gov/vacode/title59.1/chapter53/sect...

Re: Virginia bans sale of precise geolocation data

#29

Post by giantg2 »

danielrmay wrote: post #14

A good start. From 2024: "A company allegedly tracked people’s visits to nearly 600 Planned Parenthood locations across 48 states and provided that data for one of the largest anti-abortion ad campaigns in the nation, according to an investigation" - https://www.politico.com/news/2024/02/13/planned-parenthood-...

And that's pretty much the most benign use case too.

Re: Virginia bans sale of precise geolocation data

#30

Post by codazoda »

peter303 wrote: post #7

NYTimes article a few years ago on how car insurance companies were using such data. Tracking sudden stoos, driving at night, driving faster than 80 mph, etc.

As an aside…

I wonder why “80 mph” was picked as an arbitrary value. In rural areas of Utah we have 80 mph posted limits and prima facie speed laws. A lot of Utah drivers regularly exceed 80 MPH and I’d argue they do so legally. It’s just a weird number for them to pick.

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