patient cellphone
Data brokers can use smartphone location data to infer sensitive health information, raising privacy concerns and calls for stronger US laws Ivan S/Pexels

A visit to a hospital, abortion clinic, or Alcoholics Anonymous (AA) meeting could reveal more about a person than they realise. Smartphone location records can be combined with other personal information to create profiles that suggest people's health concerns and private circumstances, which data brokers can sell to businesses, according to a report from The Washington Post.

The practice has raised concerns among privacy specialists, who warn that people may be unaware their movements are being monitored for commercial purposes. Unlike medical records held by healthcare providers, location information collected through mobile apps and sold by commercial data companies generally falls outside the protections of the US Health Insurance Portability and Accountability Act (HIPAA).

Critics say the problem extends beyond personalised advertising. Inaccurate profiles and advertisements promoting unproven treatments could expose vulnerable people to additional risks, while the widespread circulation of location records raises questions about who can access sensitive information.

When Advertising Reveals Private Health Concerns

The consequences can be particularly troubling for people dealing with serious illnesses. According to a report from The Washington Post, San Diego resident Chris McQueen continued seeing advertisements promoting 'claimed' cancer cures after completing leukaemia treatment.

The adverts appeared around the time of his routine medical appointments and blood tests. They included alternative remedies and clinics promoting treatments that could encourage patients to consider options unsupported by reliable medical evidence.

McQueen raised concerns that such marketing could influence people who are frightened or desperate for a cure. Medical professionals have also warned that some unproven products can cause harm or interfere with prescribed medication.

The information used to target consumers does not necessarily come from their doctors. Data brokers gather records from multiple commercial and online sources, then combine details to draw conclusions about individuals. Repeated visits to particular locations may help companies make assumptions about someone's medical needs, religious activities or political interests.

These conclusions are not necessarily accurate. The Washington Post cited Consumer Reports research that found personal profiles compiled by data companies could contain contradictory or incorrect information. Such errors raise further concerns when businesses use those profiles to decide which advertisements people see.

Patchy Protections Leave Gaps in US Privacy Law

US regulators have begun challenging some data collection practices, but privacy advocates argue that action against individual companies cannot address an entire industry.

In May, the Federal Trade Commission restricted Idaho-based data broker Kochava and a subsidiary from selling, sharing or disclosing sensitive location information without consumer consent. The agency had alleged that the companies sold data from hundreds of millions of mobile devices, potentially allowing people to be tracked at sensitive locations, including hospitals and abortion clinics.

The restrictions apply to the companies involved rather than automatically establishing rules for every data broker. Advocates therefore want broader legislation to limit the sale of precise location records.

Progress has been uneven. California Governor Gavin Newsom vetoed a bill intended to restrict the sale and sharing of location and other sensitive personal information on 27 September, arguing that it went too far. Meanwhile, Connecticut, Delaware, Maryland, New Jersey, Oregon and Virginia have enacted bans on selling precise geolocation data, according to The Washington Post.

Advertising industry representatives argue that targeted marketing helps businesses connect with potential customers and supports free online services. Privacy campaigners counter that these commercial benefits should not come at the expense of people's control over sensitive information.

What Consumers Can Do to Limit Tracking

Consumers can review which applications have permission to access their location and disable access when it is unnecessary. They can also switch off advertising-tracking permissions or delete their advertising ID through their phone's settings.

These steps may reduce certain forms of tracking, but they cannot guarantee that all personal information will stop circulating. The Washington Post reported that residents of at least 20 US states have some means of requesting the deletion of data held by brokers, although requests may need to be submitted to individual companies.

For privacy advocates, the wider issue is that people may leave a digital trail simply by carrying a phone through their daily lives. Without stronger safeguards, information gathered for commercial purposes can be used to make sensitive assumptions about individuals — often without them fully understanding how those conclusions are reached or where the data ends up.