Guidance for data controllers on Wifi-tracking

Guidance for data controllers on Wifi-tracking

The Spanish Data Protection Agency, together with other data protection authorities, has recently presented a set of guidelines for data controllers aimed at promoting the responsible use of Wi-Fi tracking technologies, with the objective of safeguarding the privacy and protection of individuals’ personal data. These guidelines arise in response to the potential negative impact that inappropriate handling of this technology could have on the privacy of natural persons.

Definition and uses of Wifi-tracking

Wi – Fi tracking, also known as Wi-Fi tracking technology, is a powerful tool that allows the identification and tracking of mobile devices using the Wi-Fi signals they emit. Its main function is to detect the presence of devices in specific areas and analyze movement patterns, and it is used, among others, in estimating capacity, analyzing people flows and measuring dwell times.

Wi-Fi tracking is based on the detection of W-Fi signals emitted by mobile devices. Some practical applications include:

• Capacity estimation: Allows you to know how many people are in a specific place at a given time.
• People flow analysis: Helps understand how people move within a given space.
• Measuring dwell times: Allows you to evaluate how much time people spend in a specific location.

This technology finds practical applications in a variety of environments, such as shopping malls, museums, workplaces, public spaces, public transportation and mass events. However, it is important to highlight that this practice carries significant privacy risks, as it can allow people’s movements to be tracked without their consent or knowledge, and therefore without an adequate legal basis.

What does it imply in data protection?

Data protection authorities emphasize the importance of pointing out the risks inherent in personal data processing that uses Wi -Fi Tracking technology. Some of these risks include:

• The impact on people’s privacy.
• Intrusion into the home or public areas.
• The impact of re-identification of anonymous data.
• The risks associated with location data.
• The limitation of personal freedom and self-censorship.
• The scale of treatment.
• The lack of accountability of the means used.
• Possible security breaches of personal data.
• International transfers of personal data.

Wifi-tracking regulation

Given this situation, it is imperative to intensify compliance with the principle of transparency through the provision of clear and accessible information. In this sense, mechanisms such as the installation of visible panels with relevant information or public signage may be useful, as well as the implementation of information campaigns aimed at the general public, among other strategies.

These actions contribute to fostering greater awareness and understanding by individuals about the collection and use of their personal data, thus promoting a relationship of trust and transparency in the field of data protection. In short, the responsible implementation of Wi -Fi Tracking technology, accompanied by adequate data protection and transparency measures, is essential to guarantee respect for the fundamental rights of individuals and the preservation of their privacy in an increasingly digitized and connected

The data protection supervisory authorities in Spain have developed specific guidance for data controllers that incorporates Wi-Fi tracking technology, these guidelines analyze both technically and legally the implications of Wi -Fi tracking, identify the main risks and offer recommendations for responsible use compatible with data protection regulations, among which are:

• Anonymize right after data collection.
• Limit the scope in which Wi-Fi tracking is performed.
• Do not cross-reference geolocation data with data from other sources.
• Do not assign the same identifier to a mobile device on different visits to the same place.
• Offer the effective possibility of voluntary exclusion.
• Establish processing orders that restrict the use of data to the instructions of the person responsible.
• Avoid international transfers without adequate guarantees.
• Carrying out independent audits.
• Implementation of security measures, adapted to the level of risk and subject to continuous reviews.

In short, Wi -Fi tracking can be a valuable tool, but it is essential to approach it responsibly and respecting people’s privacy. Data controllers must be aware of the legal and technical implications to ensure appropriate use of this technology. At Letslaw we are experts in personal data protection, and we will be happy to provide you with advice on everything you need.