I just read an article about two malls (Promenade Temecula in southern California and Short Pump Town Center in Richmond, Va.) that are tracking customers movements throughout the mall by monitoring their cell phones.
There are claims that this practice is not invasive; that is does not gather personally identifiable information, and does not correlate the phone to its owner.
Its An Invasion of Privacy and Trespassing on Personal Property
It is my position that this practice of monitoring shoppers by connecting to their cellphones is a serious invasion of privacy - even an invasion and trespass of property.
Let’s rewind a few months and recall the News International phone hacking scandal that shocked the UK and rocked the massive News Corporation and the Murdoch family.
With this equipment set to connect to individuals’ cell phones, what is to prevent misuse of this technology?
Its Not the Same As Video Monitoring
Another argument to posit this practice as “kosher” states that customers are commonly monitored by video cameras and motion sensors.
That practice is obvious - if one ventures into a public place, they obviously can be seen and monitored. Its clear by definition!
Monitoring someone’s cell phone is totally different. It can be concealed and is therefore totally off-limits from alien networks.
Understanding Customer Behavior Is Important, But This Is Not the Way
Its is clear as day that understanding customer behavior will benefit both customers and retailers. However, connecting to unsuspecting cell phone owners is not the right method.
It would be much more appropriate to instead offer customers a wifi or rfid widget when they enter the mall and offer a $5 coupon or similar honorarium for participation. That way, customers are actively opting in to the monitoring process and are also aware of what is happening. Simply posting a notice sign on the wall as reported is just not acceptable.
This privacy and cell phone trespass snafu has reached the media outlets and I would not be surprised one bit if the trade commission or FCC gets involved. Its just not right to connect to someones electrical device without their knowledge or active acceptance. I’d compare it to breaking into someone’s house - its wrong even if the trespasser wants to observe - not to steal or identify the house owner(s).
Addendum
What About Manufacturer and Wireless Network Responsibilities?
I also have to wonder - how are malls even able to connect to cell phones? Shouldn’t manufacturers and wireless network operators responsible for the security of their customers?
Arent’t any and all electromagnetic signals created by a cellphone only meant to be received by intended target, and not intercepted by unauthorized third parties? Is this a breach of the wiretap law? Could the perpetrators be committing a crime?
I am not a lawyer (though I’m considering going to law school), but this seems to be a class action lawsuit waiting to happen.
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