Do European data protection laws apply to the collection of WiFi network data for use in geolocation look-up services?

Abstract

† Digital mapping companies have built WiFi maps that provide a useful means for WiFi enabled devices to determine their current location. These WiFi maps were created by collecting WiFi network data publically broadcast from WiFi networks and associating such data with a calculated location. † WiFi maps do not fall within the scope of existing European privacy legislation. They do not consist of 'location data' as defined by the E-Privacy Directive, nor do they consist of 'personal data' under the Data Protection Directive, except in highly unusual and very rare circumstances. † Distinctions can be made between IP addresses and WiFi network data. As such, the Article 29 Working Party's reasons for considering IP addresses to be personal data are unlikely to apply to WiFi mapping. † A growing industry would be hindered significantly if WiFi maps were to be designated as personal or location data, with knock-on consequences for the many geolocation services that rely on the WiFi maps. Digital mapping companies would find it extremely difficult to comply with European privacy legislation in practice, even though any risk to individual privacy posed by WiFi mapping is negligible. † Open discussion on this complex issue should be initiated between all interested parties to ensure a proportionate, industry-wide response and to avoid individual countries' regulators adopting conflicting positions across Europe.