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FINNISH SUPERVISORY AUTHORITY: Cell phone position FAQs

FINNISH SUPERVISORY AUTHORITY: Cell phone position FAQs

Why do telecommunications companies process position information?
The communication network allows the user to be achieved independently from the position. In order to establish a connection between the caller and the recipient, the communication network has to maintain information on the exact position of the cell phone with the accuracy of the base station. Communication as such calls for positioning.

What is a location service?
Location service means the processing of position information obtained through a communications network to provide a service at additional value for purposes other than messages. This does not include satellite positioning (for example GPS).
Location services can generally be position-based content services (for example, where the nearest pharmacy is located) or locating a user or object (for example, where friends or trucks are located).

When can I be reached?
The processing of location data to provide services based on this requires the consent of the data subject. Consent may also be revoked. Without consent, persons may be located in emergency situations only on the order of the police or relief authority.
The consent does not need to be in writing. It is essential that the user understands the position included in the service when accepting it. When the purpose of the tracing service is to trace a person’s movement, the existence of consent has to be verified at all times.
The subscription subscriber may also prohibit the operator from processing the position data. In this case, location services cannot be provided together also if the specific consent of the service has been provided.

Who gets consent for the location and how?
The consent is obtained from the service provider under additional value. The name and contact details of the service provider and have to be easily accessible. In addition, the service provider shall provide prior information on the accuracy of the spatial data, its intended use, the duration of the location and whether the spatial data may be disclosed to third parties.

When can we locate the emergency calls?
Emergency calls can be located even if the identified person has not given their consent or has refused to process their location data. The position may be the interface from which the emergency call originated or another interface if the user is in a manifest emergency or in imminent danger, in the reasonable opinion of the emergency authority.

SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA FINLANDIA

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