United States of America: Adopted settlement in FTC investigation into X-Mode Social and Outlogic for allegedly selling sensitive location data without consumer consent

On 12 April 2024, the Federal Trade Commission (FTC) finalised the settlement with data broker X-Mode and its successor Outlogic, prohibiting them from sharing or selling sensitive location data. This decision followed allegations that the companies had improperly sold location data that could be used to track individuals to sensitive locations, including health clinics and religious centres. The order not only prohibits the sharing of this data but also requires X-Mode/Outlogic to establish a program to maintain a list of sensitive locations and ensure that this data is not misused. Furthermore, they are obliged to delete or render non-sensitive all previously collected location data unless explicit consumer consent is obtained or the data is de-identified. X-Mode/Outlogic must also implement a supplier assessment program to verify that third-party location data providers obtain proper consumer consent. Moreover, the companies must ensure that their location data is not used to identify sensitive individual locations or to determine personal identities.