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New Privacy Threats

As you guard your privacy against standard threats like spyware and phishing, your data is leaking out via legit firms you do business with.

Erik Larkin

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Illustration by Stuart Bradford.

Illustration: Stuart Bradford
GPS queries, cell phone calls, Web searches--all are quick conveniences. We get our directions, chat with our friends, find our sites, and never think of that data transaction again. But these records create a growing problem, say privacy advocates: They leave a detailed digital trail of where we went, who we talked to--even what we were thinking.

The records can persist for decades, and no comprehensive federal law protects them. Even if you believe the firms you do business with wouldn't sell your records to an unscrupulous marketer, you're not safe. As long as it exists, your data can be sold in bankruptcy proceedings, or snagged by hackers, con artists, and anyone with a court order, says Ari Schwartz, deputy director of the Center for Democracy and Technology, a consumer advocacy organization.

All these personal records about us are growing. And a number of recent cases have demonstrated just how vulnerable the records can be.

Beyond the Limit

GPS devices can be a godsend for intrepid explorers and the easily lost alike. But as one court case shows, the intensely personal details of your physical location and driving behavior can be gathered and used against you.

Connecticut-based American Car Rental installed GPS devices in its cars to track speed and location, according to state supreme court documents. The devices wirelessly phoned home to American every time a client drove faster than 79 mph for at least 2 minutes; American then tried to charge its customers $150 for each instance. American was sued, and the court ruled that the company could not charge a speeding fee--but the court didn't prevent the firm from using GPS devices to track driver speed and location.

Government may get into the GPS act as well. To make up for a projected gas tax shortfall (ironically due to successful fuel efficiency programs), Oregon's Department of Transportation is considering a tax based on mileage driven rather than gas purchased. A GPS unit in every car would track the mileage.

The department's Web site assures state residents that "no privacy issue exists" with the plan, because the devices would send in only number of miles driven and not location info. But while Oregon has opted not to record locations, there is little to indicate that, like American Rental Car, it could not do so if it chose.

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