ARTICLE
15 February 2024

Kochava: The Geolocation Data Saga

BR
Brown Rudnick LLP
Contributor
Brown Rudnick is an international law firm that serves clients around the world from offices in key financial centers in the United States and the United Kingdom. We combine ingenuity with experience to achieve great outcomes for our clients in high-stakes litigation and complex business transactions. We deliver partner-driven service; we incentivize our lawyers to collaborate in the client’s best interest; and we put excellence before scale, focusing on industry-driven, client-facing practices where we are recognized leaders.
In the digital age, data is the new gold. But what happens when that data reveals more than just browsing habits or shopping preferences? Enter Kochava Inc., a data broker that found...
United States Privacy
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In the digital age, data is the new gold. But what happens when that data reveals more than just browsing habits or shopping preferences? Enter Kochava Inc., a data broker that found itself in the crosshairs of the Federal Trade Commission (FTC).

The Accusation

The FTC alleges that Kochava committed an “unfair act or practice” by selling geolocation data from hundreds of millions of mobile devices. This data, like a digital breadcrumb trail, can trace individuals' movements to and from sensitive locations such as reproductive health clinics, places of worship, homeless shelters and addiction recovery facilities.

The Fallout

By peddling this data, Kochava inadvertently exposes people to a host of risks:

  1. Stigma: Imagine someone's secret visit to a reproductive health clinic becoming public knowledge. The resulting stigma can be devastating.
  2. Stalking: Armed with geolocation data, malicious actors can track individuals relentlessly.
  3. Discrimination: Employers, insurers or lenders could misuse this information, leading to discrimination.
  4. Job Loss: What if your boss discovers your frequent visits to a substance abuse center?
  5. Physical Violence: In extreme cases, this data could lead to real-world harm.

The Legal Battle

The FTC filed a lawsuit against Kochava seeking to halt the sale of sensitive geolocation data. They also demanded that the company delete the treasure trove of information it has amassed.

Lessons for Businesses

  1. Transparency Matters: Businesses must be crystal clear about data collection and usage. No fine print escapades!
  2. Ethical Data Practices: Selling sensitive data without consent is a slippery slope. Ethics should guide every decision.
  3. Privacy by Design: Build products and services with privacy baked in from the start.
  4. Risk Assessment: Understand the potential harm your data practices can cause. It's not just about profits; it's about people.

In conclusion, Kochava serves as a cautionary tale for businesses swimming in the data ocean. As they say, “with great data comes great responsibility.”

Remember, your digital footprints can be more revealing than you think.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
15 February 2024

Kochava: The Geolocation Data Saga

United States Privacy
Contributor
Brown Rudnick is an international law firm that serves clients around the world from offices in key financial centers in the United States and the United Kingdom. We combine ingenuity with experience to achieve great outcomes for our clients in high-stakes litigation and complex business transactions. We deliver partner-driven service; we incentivize our lawyers to collaborate in the client’s best interest; and we put excellence before scale, focusing on industry-driven, client-facing practices where we are recognized leaders.
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