Question 1

Is geolocation data considered sensitive personal data?

Accepted Answer

Yes, in most US states with comprehensive privacy laws, precise geolocation data is classified as sensitive personal data. This includes GPS coordinates, WiFi-based location, and Bluetooth beacon tracking. As of 2026, at least 18 states require opt-in consent before collecting precise geolocation, and Maryland and Oregon ban the sale of location data entirely. IP-based location is generally treated as less sensitive but still requires disclosure.

Question 2

Which states ban the sale of location data?

Accepted Answer

Maryland (MODPA) and Oregon (OCPA) have the strictest rules, effectively banning the sale of sensitive data including precise geolocation. California allows consumers to opt out of the sale of their location data. Most other states with privacy laws require opt-in consent before processing geolocation as sensitive data but do not outright ban its sale. The trend is moving toward stricter regulation of location data sales.

Question 3

Do I need consent to collect GPS location data?

Accepted Answer

In most states with privacy laws, yes — you need explicit opt-in consent before collecting GPS or other precise location data. States like California, Colorado, Connecticut, Virginia, Texas, and many others classify precise geolocation as sensitive data requiring affirmative consent. Utah and Florida are exceptions that use an opt-out model. Even in states without specific privacy laws, mobile OS requirements (iOS and Android) mandate location permission prompts.

Question 4

What is 'precise geolocation' under state privacy laws?

Accepted Answer

Most state privacy laws define precise geolocation as location data that can identify a consumer's location within a specific radius. California's CCPA/CPRA defines it as within 1,850 feet (approximately one-third of a mile). This typically includes GPS coordinates, WiFi triangulation, and Bluetooth beacon data. IP-based geolocation, which usually only identifies city-level location, is generally not considered 'precise' under most state laws.

Question 5

Can I share location data with advertising partners?

Accepted Answer

Sharing location data with advertising partners is heavily regulated. In states that classify precise geolocation as sensitive data, you need opt-in consent before sharing. In Maryland and Oregon, selling or sharing location data for advertising may be prohibited. Best practices include anonymizing or aggregating location data before sharing, obtaining explicit consent, disclosing all third-party recipients in your privacy policy, and honoring Global Privacy Control (GPC) signals.

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