European law on data privacy has not clearly developed the concept of mobility data. The evolution of technology has forced the EU to cope with this reality, but so far its legislation lacks a specific focus on this aspect of technology.
A body composed of representatives from the various data protection authorities, the so-called article 29 Working Party (the name stems from section 29 of the European Data Privacy Directive, that calls for the formation and the task of this body) has coped with various aspects of mobile technology, but the documents and analysis it has produced are general and un-conclusive. This is reflected in the general attitude on the side of industry, which seems to be more concentrated on getting access to as many data as possible, rather than taking European data privacy laws seriously.
The European Commission has published its new proposed Regulation that, in the Commission’s plans, are bound to replace the old Data Privacy Directive. The proposed Regulation, again, lacks a definition of mobility data, but its present wording is something the industry should look at very seriously, since lack of compliance with it (assuming it shall be enforced sometime in the not-so-far future) may be extremely costly.
Here, There and Everywhere: Mobility Data in the EU (Help Needed: Where is Privacy?),
30 Santa Clara High Tech. L.J. 57
Available at: http://digitalcommons.law.scu.edu/chtlj/vol30/iss1/3