Code of Practice for the use of passive location services in the UK
24 September 2004
Location services and you
Location services work by identifying the physical location of a mobile phone or other
mobile device. This could be your own mobile phone or the mobile phone of a
relative, friend or work colleague.
A wide range of new services are possible using location services including telling
you how to get to the nearest cash machine or chemist; allowing a parent to identify
the location of his or her child; making it easier for friends to meet up for an evening
out; and assisting firms with the security of lone workers.
All location services are subject to the legal requirements of the Data Protection Act.
For consumers this means that location information can be used only after consent is
provided by the user of the phone being located. For business users employers must
explain to their employees how location information will be used before it is collected.
The Data Protection Act requires that customers are made aware of:
• who their location service company is;
• the purposes for which personal data - including location information - will be
collected and processed;
• whether data will be sent to a third party for the purpose of providing the location
service and length of time for processing data, including storage, will be.
In addition to data protection legislation, participants in the UK location services
industry - including both location service providers and mobile phone operators -
have agreed a Code of Practice for the provision of location services. This Code of
Practice sets out additional requirements for different types of location services. This
includes requirements relating to:
• registration of individuals and organisations using location information;
• provision of reminders on location services operating on a mobile phone;
• how customers can stop a locating service which is running on their phone; and
• responsibilities of a locating business or other organisation.
While details vary, all location services depend on the disclosure of where you are
to companies or to other individuals. This offers you significant opportunities to use
new services. However, these services should be used with the same care as you
would take in telling other people your location in a phone call or SMS. Further,
unlike a phone call or SMS, they can provide information on your location over a
period of time.
Only consent to the use of your location information if you would be willing to
provide the same company or individual with details of where you are in a
phone call or SMS. Be aware that your consent may apply for a period of time.
Don’t forget that you can withdraw your consent to being located at any time.
If you have any concerns about your safety which relate to the operation of any
location service then you should contact your location service company.
If you have immediate safety concerns then you should, as in other
circumstances, contact the police by dialling 999 or 112.
If a user of a location service believes that the industry Code of Practice are being
breached by the location service provider, he or she may contact the Mobile
Broadband Group by e-mail at mobilebg@btopenworld.com or write to The
Secretariat, Mobile Broadband Group, PO Box 34586, London SE15 5YA.