Starting next month, an Australian shopping center will begin tracking customers in their malls, a move that has prompted privacy concerns and an investigation.
One unnamed Queensland shopping centre is next month due to become the first in the nation to fit receivers that detect unique mobile phone radio frequency codes to pinpoint location within two metres.
Path Intelligence national sales manager Kerry Baddeley stressed that no mobile phone user names or numbers could be accessed.
“All we do is log the movement of a phone around an area and aggregate this to provide trend data for businesses,” she said.
“It’s much less intrusive or invasive than existing people-counting methods, for instance CCTV cameras and number plate monitoring.”
Except for the fact that, when you are shopping in a mall, no one is checking your number plate inside the store. While number plate monitoring has its own problems, it is generally accessing that data to look for crimes. CCTV is also not able to clearly identify a person and there are means to hide your identity from the camera. It is also, typically, passively monitoring a person’s movement and, theoretically, only tracking you when you have done something suspicious.
Australian Privacy Foundation chairman Dr Roger Clarke said emerging retail tracking techniques were “seriously creepy” and should be thoroughly investigated.
Some shops are already using image-monitoring to log customers’ movements, how long they stop in front of products, and whether they are male or female.
Federal Privacy Commissioner Timothy Pilgrim said the Privacy Act applied only if the information collected identified individuals.
Ms Baddeley said mobile phone monitoring, already operating in the UK and US, would help the struggling retail sector develop marketing campaigns and identify the best mix of shops in centres.
Just because others are doing it, doesn’t make it right. A person who has a cell phone has no ability to opt out of said tracking while shopping. The only thing a person can do is not shop there or leave their cell phone at home so that they are not tracked.
She said receivers attached to walls picked up phone transmissions. Data was then fed via the internet to computer servers to create weekly reports outlining popular customer routes and visitors’ length of stay.
And while they claim that they cannot track or identify a person, if that person shops in the mall, or several malls, their unique ID on their cell phone will, indeed, identify exactly who they are.
Questions remain about the legality of such a system. Australia’s Telecommunications (Interception and Access) Act 1979 states that
A person shall not:
(a) intercept;
(b) authorize, suffer or permit another person to intercept; or
(c) do any act or thing that will enable him or her or another person to intercept;
a communication passing over a telecommunications system.
Furthermore, communication is defined as:
“communication” includes conversation and a message, and any part of a conversation or message, whether:
(a) in the form of: (i) speech, music or other sounds;(ii) data;(iii) text;(iv) visual images, whether or not animated; or (v) signals; or (b) in any other form or in any combination of forms.
The signal is intercepted because the device being used here has to gather/intercept the signal. As defined in Australian law, the device that is to be used in malls is intercepting signals that are sent over a telecommunications system, which is illegal. However, it appears that there is a bypass to this law because they are only using radio communications.
Considering the fact that malls also have CCTV, it wouldn’t take much to track and identify a person shopping. The best advice is, stop visiting malls and, if you must shop at a mall, pay with cash and leave your cell phone home or take out the battery before you get anywhere near the mall as they can track you outside in the parking lot too.

