Wifi Tracking

In case you don’t know, Wi-Fi Tracking is a technique that aims to uniquely and accurately identify and track terminals in Wi-Fi environments.

And you’ll say…that doesn’t affect me because when I leave the house I don’t use the wifi networks but my data, so they can’t track me. what if I told you that you’re wrong?

Cell phones, in general, have the ability to perform a periodic search for wifi networks that may be available within their coverage radius. These searches cause a periodic sending of information through a “frame”, which is a set of bytes that always contains a header including the identifier of the source device.

called MAC (Media Access Control) address called “Probe Request”, which the device itself transmits even if it is not connected to a Wi-Fi network, even if Wi-Fi functionality is not even enabled.

It is true that in order to guarantee privacy, the “Probe Request” generates a random MAC address in a generalized way, so that it is not so easy to identify the device; but the information sent by the “Probe Request” is sent without any type of encryption. This provides a unique fingerprint of the device that allows it to be identified.

Therefore, without our knowledge, let alone our consent, third parties can learn about our “movements” and give them valuable information about our privacy.

This technique is used in public spaces, buildings or places of interest, museums, shopping malls, public transportation, workplaces, among others.

What personal data is processed by Wifi Tracking?

Since the information transmitted by WiFi is associated with identifiable persons and could be used for their direct or indirect identification, it can be concluded that the data collected by WiFi Tracking constitutes personal data.

Within the data processing that may occur in Wifi Tracking, the Spanish Data Protection Agency lists the following:

–Geolocationof the device, with or without the user’s consent.

–Monitoringof people in the work centers.

-Emergency services(e.g. a call from a person in need of assistance)

–Surveillanceof people, to identify if there is unauthorized access to certain areas or spaces.

–Linkagebetween people, to know if they have been in the same place, for example.

–Analysisof the influx or flow of people in private facilities

-Crowd managementin public spaces

–Marketingand advertising

–Creation ofprofiles

How does Wifi Tracking impact my privacy?

The use of this data collection technique may impact my privacy in the following ways:

Privacy of individuals:

The fact of being able to be located or to know your usual movements or not in a certain space, interferes with the privacy of people regarding their decisions.

Intrusion into private areas (such as the home) or public areas:

It is difficult to limit the boundaries of the physical spaces where the wifi signal is collected and there may be a breach of the principle of legitimacy of the processing.

Large-scale treatments:

They can lead to limitations on the rights and freedoms of individuals, for example, when wifi tracking is used as a locator.

Processing of special categories of data:

By tracking the device on websites you have visited, or places where you have gone, from which special category data can be inferred (hospital, cemetery, psychiatric clinic, among others).

Self-censorship:

If we know that Wifi Tracking techniques are used in a place, people may censor themselves and not behave as they normally would, for fear or distrust that personal data may be extracted.

Possibility of re-identification:

Even if anonymization and pseudonymization are applied.

Obligations for managers who use Wifi Tracking

Since Wifi Tracking involves the processing of personal data, the Controllers and Data Processors who decide to use wifi tracking techniques must first comply with the obligations set forth in the Law:

Elaboration of an impact assessment (EIPD)

Since the wifi tracking activity involves:

-Systematic and exhaustive observation, monitoring, supervision, geolocation or control of the data subject,

–Use ofspecial category of data

Large-scale data use

–Association, combination and/or linking of database records from two or more processing operations for different purposes or by different data controllers.

–Use ofnew or existing technologies with an innovative approach.

It should be remembered that the EIPD must pass the judgment of necessity, suitability and proportionality in order for the processing to be considered lawful, and the controller and the processor must always choose the option that is least intrusive to privacy and generates the least risk to the rights and freedoms of individuals.

Technical and organizational measures:

Some of them could be adopted, such as the following:

1. Early data anonymization
2. Assessment of whether Wifi tracking will be carried out in private and/or public areas
3. Acotation of the areas where the Wifi tracking is activated, avoiding very large areas.
4. Prior consent of the data subject is required in cases where Wifi traking may disclose special category data.
5. Wifi tracking data may not be cross-referenced with other sources that may make individuals identifiable; nor, if a manager has several premises or facilities where wifi tracking is applied, may he/she cross-reference data from his/her different premises.
6. Duty to inform individuals of the processing of their data and the possibility of exercising their data protection rights.
7. MAC address and metadata masking

Business Adapter® at your service

As can be seen, new technologies are becoming more and more advanced and have greater benefits for our daily lives; however, with technological development also come greater risks and interference with our privacy, which we must not lose sight of, as this is the most important thing.

Wifi Tracking and privacy can go hand in hand as long as data protection obligations are respected and complied with.

If you need help, contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:

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