back to article Wi-Fi operators must notify device users of potential data processing

Organisations that provide Wi-Fi services to their staff or customers must notify device users of the potential for their data to be analysed before they begin to process their information, the UK's data protection watchdog has said. Wireless connectivity between Wi-Fi connection points and electronic devices, like mobile …

  1. Graham Marsden
    Big Brother

    Potential?

    I'd pretty much assumed it's guaranteed!

    The first question you should ask when told something is "Free" is "What is this actually going to cost me...?"

    1. Anonymous Coward
      Anonymous Coward

      Re: Potential?

      The problem with free wifi is when it's complementary. Does that mean it's included in your bill or you're the product? There's hotels in the lake district who advertise inclusive wifi but when you try to use it it's unencrypted and features an agreement page requiring you to give a working email and agree to be harvested.

      Thankfully I always have a throwaway email address and a vpn available.

      1. JeffyPoooh
        Pint

        Re: Potential?

        If it's not free, how would one avoid revealing identifying information?

        Pay with Bitcoin?

        1. Anonymous Coward
          Anonymous Coward

          Re: Potential?

          @JeffyPoooh

          Most coffee shops will accept payment by cash and will offer inclusive wifi for customers with connection details either on your receipt or on a card next to the cash register.

          Bitcoin is not required.

      2. andykb3

        Re: Potential?

        I do something very similar. I got fed up with the avalanche of spam I got every time I took out a new car insurance policy that I set up an account "insurancespam@myprovider.com".

        Since the account is genuine I do get the documentation I need, but then ignore the account for the rest of the year. It's now my account when signing up for any "free" service.

        1. Danny 14

          Re: Potential?

          I thought everyone did this for their insurance (and price comparison etc). If I *HAVE* to give someone a phone number then they get the office ADSL phone number. Unfortunately the office ADSL phone line doesn't have a phone attached to it (but it is a genuine number)

      3. F0rdPrefect
        Devil

        Re: Potential?

        "There's hotels in the lake district who advertise inclusive wifi but when you try to use it it's unencrypted and features an agreement page requiring you to give a working email and agree to be harvested."

        I give them their email in those circumstances.

        Seems to work

        1. John Brown (no body) Silver badge

          Re: Potential?

          "I give them their email in those circumstances."

          I did that in one place and they were slightly more clued up than average. I got a page back saying "already registered to another device" :-)

    2. Pascal Monett Silver badge

      Re: "The first question you should ask ..."

      Should be more along the line of "So, who is paying for it and why ?".

      We all know that there is no such thing as a free lunch. If someone is buying for you, they most likely expect something in return (not talking about friends here). Knowing who is offering can most often enlighten as to what the expectations are.

    3. Roland6 Silver badge

      Re: Potential?

      Don't know why WiFi specifically is being singled out - basically connect any device to a public communications service, especially the Internet using a mobile or fixed line and there is the potential for both local data processing by the access point operator and any of the ad networks eavesdropping on your communications with websites.

      Can't see how Ofcom can prevent the ad networks gathering data, unless they mandate everyone implements adblocking as per Three...

  2. Zog_but_not_the_first
    Thumb Up

    Interesting

    It'll be interesting to see who processes wi-fi feeds and to what purpose, and to see if this raises awareness of what's happening "under the bonnet" for the non-technical user.

  3. JeffyPoooh
    Pint

    "...reveal data about people's location..."

    Using a Wifi hotspot.

    .: They're probably in the area.

  4. alain williams Silver badge

    Must notify ... except ...

    for the data feed to GCHQ/... ordered with a secrecy clause. Hmmm airport data, they would want that data (and probably already get it), great for knowing what phones are moving in/out of the country.

  5. Steve Davies 3 Silver badge

    Been happening for a long time

    I used a free 'WiFi' network at a Hotel in Santa Fe, New Mexico a couple of years ago now. My 'throw away' email is still getting offers from the place. This is despite me not ticking the box about letting them send marketing emails etc. I did check, it wasn't a double negative question either.

    1. Doctor Syntax Silver badge

      Re: Been happening for a long time

      "My 'throw away' email is still getting offers from the place."

      You should have thrown it away & got another. That's the principle of a throwaway address.

  6. allthecoolshortnamesweretaken

    Nothing is for free.

    I'm perfectly happy to pay for wifi in, say, a hotel I'm staying in, it doesn't matter whether it's part of the room charge or an optional extra (assuming reasonable pricing). The same goes for cafés etc.

    However, I'd like to pay with money, not my data.

  7. s. pam Silver badge
    Holmes

    Several of the mobile operators already do this!

    Vodafone bought a company last year that their entire business plan is on WiFi harvesting, WiFi directed advertising and the ilk so the harvesting is well underway already.

    I doubt the operators (Mobile OR Wifi) will take ANY notice of this new instruction from the ICO. It'll be nigh on impossible to police and even harder to prove an extraction was done.

    Of course, it just dawns on me that with the Snoopers Charter, the ICO may be trying to preempt likely snopping by the commercial sectors and solely wants that for the Spooks!

    1. Timo

      Re: Several of the mobile operators already do this!

      Unless I missed something, all that it will likely require is that the operator insert a disclaimer somewhere in the initial screens, with wording similar to "we might process your data". That would satisfy the lawyers and the company is covered. They might look at your data, or they might not.

      United States did something similar with allergy warnings on food. People got legislation in place that a company must notify if there is a possibility of the product having allergens in it. Answer? Nearly every product has a warning "this product may contain ingredients that people are allergic to."

      1. Allan George Dyer
        Coat

        Re: Several of the mobile operators already do this!

        United States: May contain nuts.

        1. Steven Roper

          Re: Several of the mobile operators already do this!

          Australia: May contain traces of nuts.

      2. KeithR

        Re: Several of the mobile operators already do this!

        ""we might process your data""

        If they collect it AT ALL - and by definition, they do - they're "processing" as defined in the UK DPA.

        Not sure what the issue is here: the DPA has ALWAYS required "fair processing" (1st Principle), and that necessitates an up-front privacy/fair processing notice...

  8. LucreLout

    Who cares what the ICO think?

    Any fines they ever actually levy are utterly trivial to the businesses concerned. Its like the little old yappy mutt in the corner - no teeth and very little bite left.... all it does is bark and pee on your shoes.

    1. Anonymous Coward
      Anonymous Coward

      Re: Who cares what the ICO think?

      Good point - remind me, what fine have TalkTalk paid?

    2. KeithR

      Re: Who cares what the ICO think?

      Check out what the upcoming EU Reg could do to the ICO's power to levy fines.

      (Hint: up to €100,000,000, or 5% of worldwide annual turnover...)

  9. Vimes

    Wifi isn't just used for connecting to the internet with respect to shoppers, but also to track them.

    What rights do the ICO think those exposed to such tracking should have given that they may have made no conscious effort to connect in the first place?

    1. Roland6 Silver badge

      Wifi isn't just used for connecting to the internet with respect to shoppers, but also to track them.

      Nothing really new here. Going back over a decade and supermarkets and shopping centres were image processing the CCTV footage to track shoppers and plot their walk through the store/centre.

      Also it would not surprise me if the supermarkets track the self-scanning devices that have become more popular in recent years...

  10. Cynic_999

    Occasionally it is a free lunch

    There are certainly places that provide free wi-fi purely to attract more customers than their competition rather than making money from harvested information. I know a couple of pubs that do so - no login or sign-up required.

    1. John Brown (no body) Silver badge

      Re: Occasionally it is a free lunch

      "There are certainly places that provide free wi-fi purely to attract more customers than their competition rather than making money from harvested information. I know a couple of pubs that do so - no login or sign-up required."

      Same here, but it's becoming more and more rare. One of our local pubs is now using a service to provide their WIfI so what was previously completely free now requires registration and limits you to 30 minutes access once you connect.

      Now, considering it's a pub and they want people to stay (and keep spending) for as long as possible, that's the stupidest idea I've come across in a long while. It might make sense in coffee shops and cafes where they want rapid customer churn, but not in a pub.

      It identifies as "_Free Pub Wifi" and the connection page is something called Arq.

  11. Doctor Syntax Silver badge

    "technologies that help retailers connect with consumers via their mobile devices as they move around shopping centres and within individual stores"

    If anyone tried that with me the only direction I'd move would be out.

    1. Oengus
      Big Brother

      Will you really know they are tracking you?

      "If anyone tried that with me the only direction I'd move would be out."

      You are assuming that the retailers/service providers aren't "subtle" enough that you will notice. Nowadays these technologies are getting less and less obvious. Sometimes it isn't about an individual but about using the information gathered from many devices (over time) to "guide" the masses.

  12. martinusher Silver badge

    Its in the nature of the protocol

    Says it all, really.

    One of the properties of wireless networks is that everyone within range of your station -- and whoever you're talking to -- is going to receive your data. "Its how WiFi works". (...and if they receive it they're going to analyze it if nothing else to be able to participate on that network...)

    We still haven't advanced conceptually from the notion of a 'radio' as a walnut veneer box with a rounded top, a dial that lights up that saying "This is the BBC Home Service" in stentorian tones. Excuse me while I "tune in" Starbucks....

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