45 Million Phones Tracked Without Consent, Says Lawsuit
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Futuristic digital background. AgettyTexas Attorney General Ken Paxton has filed a lawsuit against Allstate and its subsidiary, Arity, accusing them of unlawfully collecting and selling sensitive data from more than 45 million Americans without their consent.The lawsuit alleges that Arity paid mobile app developers millions of dollars to embed tracking software within their applications, including apps such as Routely, Fuel Rewards, GasBuddy, Life360. This software covertly harvested trillions of miles of driving data from users' cellphones, including location and movement information. The collected data was then allegedly sold to various insurance companies, including Allstate.Attorney General Paxton contends that these actions violate the Texas Data Privacy and Security Act, which mandates that companies obtain clear consent from consumers before collecting or sharing their personal data. The lawsuit seeks civil penalties of up to $10,000 per violation, along with a court order requiring Allstate and Arity to delete the improperly obtained data, Reuters reports.This lawsuit is part of a broader initiative by the Texas Attorney General's office to enforce data privacy laws and protect consumers from unauthorized data exploitation. It follows previous actions against other companies for similar violations.MORE FOR YOUWhy Location Data Matters for Privacy and CybersecurityLocation data is one of the most sensitive types of personal information because it reveals where you are, where youve been, and, by extension, aspects of who you are. For both privacy and cybersecurity, the misuse or leakage of location data can have profound implications.Day in the Life : Tracked by Your Location DataIt starts like any other day. You wake up at home, your phone on your nightstand. Without a second thought, you check your messages, revealing your location to a nearby cell tower. As you leave for work, your phones GPS logs your route, tracking every stoplight and turn. Your daily commute creates a digital footprinta pattern that, over time, tells exactly where you live, play, and work.At lunch, you stop by a pharmacy to pick up a prescription. Later, you visit a counseling center or attend a meeting at your place of worship. These moments, while private and personal, are silently logged by apps and devices, painting a detailed picture of your habits and routines.After work, you head to a local political rally or a community event. Whether youre there to listen or participate, your presence is logged by location services, adding another layer to your digital profile. By the end of the day, your phone has created a near-perfect map of your movementsrevealing not just where you were, but potentially why you were there.This story isnt hypotheticalits the reality of how location data works. From your home address to the places you visit, the information collected can reveal intimate details about your life, including aspects you may want to keep private:Health conditions, based on visits to specific medical facilities.Religious affiliations, through attendance at places of worship.Political views, inferred from attendance at rallies or protests.When this data is tracked over time, it becomes a powerful tool for profiling individualssometimes with far-reaching consequences. Whether used for targeted ads, surveillance, or other purposes, the story your location data tells may be more revealing than you realize.In digital forensics, location data plays a prominent role in what is known as lifestyle analysis, where patterns of movement and behavior are used to profile individuals. Imagine a normal day: your phone logs your location as you commute, shop, and attend personal appointments. By the end of the day, apps have silently built a map of your movements. When location data is misused or leaked, it poses privacy and cybersecurity risks, such as stalking, identity theft or unwarranted surveillance.Lifestyle Analysis: Digital Forensics Case ExampleIn a medical malpractice case I worked on, the plaintiff suffered severe complications during a routine surgery, which led to a lifetime of additional care needs. The case hinged not only on the surgical error but on the personal lifestyle of the operating surgeon, whose behavior in the months leading up to the procedure came under intense scrutiny.Through the use of lifestyle analysis, I pieced together cell phone location data and social media posts, which alongside witness testimony and receipts painted a picture of the surgeons life in the months preceding the incident. The analysis revealed that the surgeon behavior had changed dramatically after finalizing a contentious divorce.Cell phone data showed frequent late-night visits to bars and clubs, sometimes as late as 4 AM, only hours before scheduled surgeries. The location data allowed the attorneys and investigators to find witnesses, who reported seeing the surgeon at social events appearing intoxicated on multiple occasions during the work week.Medical experts testified that lack of sleep and potential impairment from substance use could significantly impact decision-making, reaction times, and motor skills. The plaintiffs attorneys argued that these factors likely contributed to the surgeons error, turning a routine procedure into a life-altering tragedy.Forensic experts use location data to reconstruct behavior and establish patterns, but when these insights are obtained without consent, they become a breach of privacy and a gateway to potential exploitation. When misused or leaked, location data doesnt just show where a person has been; it reveals their routines, habits, and even deeply personal aspects of their lives, such as health conditions, religious affiliations and political views.Arity has been contacted for comment. This article will be updated accordingly when they respond.
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