D11.2: Mobility and LBS

Title: INFORMATION TO BE GIVEN BEFORE THE INITIATION OF THE SERVICE

Information to be given before the initiation of the Service

Before obtaining the consent, the service provider must provide the individual with specific information regarding the type of location data that will be processed, of the purposes and the duration of the processing and whether the data will be transmitted to a third party for the purpose of providing the Location Based Service (Art. 9(1) ePrivacy dir.). More information needs to be given to the user according to the provisions of the data protection directive and the ePrivacy directive. Such information deriving from articles 10 Data Protection Directive and articles 6 and 9 ePrivacy directive is:

1. the identity of the controller and of his representative, if any, 

2. the purposes of processing, 

3. the type of location data processed, 

4. the duration of processing, 

5. whether the data will be transmitted to a third party for the purpose of providing the value-added service, 

6. the right of access to and the right to rectify the data, 

7. the right of users to withdraw their consent at any time or temporarily refuse the processing of such data, and the conditions on which this right may be exercised, 

8. the right to cancel the data. 

The information shall be provided by the party collecting the location data for processing. Thus it shall usually be provided by the provider of the value added service, or if this is not possible by the electronic communications operator. The information could be provided either directly each time the service is used or in the general terms and conditions for the value-added service. In the latter case the service provider should make the information available so that the individuals concerned can consult it again at any time and by a simple method, such as via a website or while using the service (e.g. dialling a toll-free number). In addition, in cases of ongoing processing of location data the individual shall be regularly reminded about the processing of his location data.