D11.6: Survey on Mobile Identity

The legal framework for LBS in Europe 2.2 STRUCTURE AND CONTENTS

2.2 Structure and contents

Against this background, we aim at answering the following central question in this deliverable. 

Which legal data-protection framework applies when providers of location-based services (LBS), public authorities and private parties like employers process location data generated in positioning systems? 

In order to answer this question, the study is divided into three parts: 

1. An introduction into the technical and legal background regarding Location Based Services (Chapters 3 and 4). 

2. An overview of the implementation of the European legal framework, as well as the provisioning of Location Based Services and the national legal framework in four European Member States (Chapters 5-8). 

3. A conclusion regarding the central question of this deliverable (Chapter 9).  

In order to be able to draw some general conclusions with regard to the central question of this study, several subquestions have been identified which have guided the authors of the individual country chapters. 

1. Describe existing use of mobile ID and GPS systems generating location data. Give examples of these systems and their use in your country. And/or describe future scenarios. Take into consideration the technical specifications of these systems that can limit or condition generating and accessing location data.  

2. Describe the legal framework in your country regarding generating and using location data by public authorities. Which conditions apply to requests for location data from LBS providers? Which powers exist for police to order LBS providers to preserve (‘freeze’) location data? Is there a requirement for data retention? 

3. Describe the legal framework in your country regarding generating and using location data by private parties, in particular employers. Which conditions apply to requests for location data from LBS providers? Are there specific procedures how to deal with those requests? Who is / are involved in the weighing of interests, the provider, judge, others? 

4. Does your legal framework offer an adequate balance regarding on the one hand the interests of (private/public) access to and use of location data and on the other hand (private/public) interests of privacy and anonymity? Do the technical specifications of the systems offer protection against invasion of privacy? If the conclusion is drawn that no adequate guarantees exist, how could (what kind of) guarantees be achieved? 

Even though each and every country chapter does not explicitly address all of these questions, together with the general technical and legal chapter, they provide sufficient information to draw general conclusions with regard to the central question and the subquestions of this study. These conclusions are summed up in Chapter 9 along with some recommendations on how to clarify the complex technical and legal framework that currently exists with regard to the processing of personal, location, and/or traffic data and the negative consequences this might have for the further development of Location Based Services.  

3 Location Information from a Technical Perspective 

Martin Meints (ICPP) & Denis Royer (JWG) 

Location information is needed for a number of different Location Based Services (LBS). This chapter gives an overview of how location information can be generated and how it can be processed. We offer various classifications and schemes of techniques and systems that can be used to determine the location of persons or objects. Other classifications are of course possible, but our overview should help the reader to understand the variety in LBS techniques and applications that are currently in use or being developed.