Literature review: Privacy, Mobile phone technology and Legal framework
When examining the subject area of communications data retention broadly three areas need to be taken into account: a) technological matters, b) social values such as privacy and civil liberties, and c) law enforcement issues (Whitley and Hosein, 2005; Raab and Bennett, 2006). Accordingly this chapter has been divided into three parts; the first part focuses on the role of geographical location within mobile phone technology, the second part discusses the relevant privacy related literature, and the final part of this chapter examines the legal framework relevant to mobile phone location data. Grounded theory methodology has been used to guide collection and analysis of empirical data for this study (for more detail see Chapter 3 - Research Methodology). GT methodology is an inductive method, which means that typically only a very broad review of literature takes place before collecting the data. However in addition to this initial review, the literature is visited again after the data collection has been completed. This study has followed this approach with the benefit that a second review of the literature could be guided by findings from all three empirical data collections - pilot study, interviews and survey. Particularly the development of the final GT categories, which was supported by written and visual memos, has prompted the review of further literature. The literature discussed in this chapter is a result of this iterative process and some literature particularly relevant to the findings from study will be revisited in Chapter 5 and brought into relation to the empirical findings.
Chapter 2 - Literature Review
Part 1: Mobile phone location data
This section presents essential technical background to mobile cellular networks in order to provide an understanding of the role of location data. A brief history of mobile phone telephony is provided and followed by an explanation of the relevance of the cellular network architecture to mobile phone location data. Following this a technical overview of mobile communications network architecture is provided and finally location-based services and techniques of locating a mobile phone are discussed. 2.1.1 Background to mobile phone location data
The mobile phone is a key technology in an increasingly mobile and connected world. Growing technological convergence and ubiquitous networking leave behind a continuous and lasting trail revealing information about those involved in the communication. Picking up on this electronic trail makes it possible to identify the location of communication devices and individuals are indirectly locatable by carrying their mobile phone. In some cases, the location information supplied by a mobile phone can be very specific, depending in cell size and cell shape, which will be explained later in this section. Location-based services (LBS) for mobile phones (see section 2.1.3) are predicted to grow in the near future (see Lyon, 2005). A market research firm predicts that LBS revenues will reach €622m by 2010 (Moore, 2006). The mobile phone as a location technology brings together the following three key features: 1) identification of the approximate location of the handset 2) on a continuous basis 3) in real-time The combination of these features means that mobile phone users can potentially have their geographical location and movements traced at any time or all the time. In addition, a log of all data generated by a mobile phone is stored by the mobile phone service provider, and potentially shared, as discussed in the...