Read at Therecord
An Idaho federal judge has ruled that the Federal Trade Commission (FTC) enforcement action against data broker Kochava can continue, reversing a prior ruling to dismiss the case. This is the FTC's first case against a geolocation data broker to be fought in court, and the decision may pave the way for a future FTC rulemaking on commercial surveillance.
The court decision is significant for several reasons, including that the case is the FTC's first against a geolocation data broker to be fought in court, and it may lay the foundation for a widely anticipated FTC rulemaking on commercial surveillance.
The judge found that Kochava's sale of granular and non-anonymized data could be a violation of Section 5 of the FTC Act and an 'unfair' practice. The ruling emphasizes that selling location data can invade consumer privacy and expose them to significant risks of secondary harms.
Kochava selling the data 'invades consumers' privacy and exposes them to significant risks of secondary harms,' the judge ruled.