ABSTRACT
A part of an individual’s right to privacy is the expectation that their movements and whereabouts will be free of continuous monitoring and thus that locational data will not be systematically recorded and stored. However, due to the omnipresent usage of modern location technologies embedded in the mundane objects of everyday life, individual users of technology are often not aware of interferences with one’s right to location privacy. Locational data can reveal details related to the personality of the individual, movement patterns, as well as more sensitive personal information, such as religious or political beliefs. Legal problems occur when such knowledge is gained from data gathered in public spaces. This chapter shows that this conflict can be resolved by means of mosaic theory, which avoids excessive interferences with location privacy by referring to the public nature of the once isolated pieces of information and their aggregate value. The chapter proposes how the mosaic theory can become a new avenue for wider protection of location privacy within the existing European legal framework. By establishing a new concept of legitimate privacy expectations, the chapter attempts to create legal guidelines for balancing the progress of modern location gathering data technologies with privacy protection.
