How to Navigate Geolocation and Data Protection Laws (2023)

When you want directions to your hotel, or to track your steps for the day, or to simply check the weather, geolocation is an extremely useful technology. While most of us use geolocation technology every day and rely on it to complete basic tasks, it can infringe on our privacy. Geolocation apps and services have two main purposes: to pinpoint the location of an individual and to provide and/or identify services related to the proximity to the individual. Businesses have started to realize the immense benefits geolocation can offer – from enhanced consumer insights and targeted advertising to fraud detection and prevention.

Although this technology provides significant value to both consumers and businesses, the collection and storage of geolocation data has raised privacy and data protection concerns worldwide. Many data protection regulations and laws outline the collection, use, and storage of geolocation data, but there has been confusion around what information constitutes this data and what rights consumers have regarding its collection practices.

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In this blog, we'll explore the different data protection laws and standards that place restrictions on geolocation tracking and detail the steps your organization can take to protect your consumers and stay compliant.

Over 60% of the world's population owns a smartphone, and there is hardly a mobile device or application that does not have geolocation-integrated technology tracking an individual's movements. There are two main reasons for this. The first is to enable the data collector to provide the service requested by the individual, which can be anything from checking the weather to requesting a ride to ordering food delivery. All of these tasks require the user's location to fulfill.

The secondary (and more controversial) reason is to use location data to build profiles and make predictions about a tracked individuals' behavior in order to sell. In 2020, the global location-based advertising market was expected to reach $72.9 billion. Approximately 75 companies receive the anonymous precise location data of a user with enabled location services on their device.

However, since many of these location services run discreetly in the background, data is potentially being captured without the individual's knowledge or consent. And because geolocation data has the ability to reveal detailed information about a tracked individual's behavior, patterns, and personal life (accurate to within a few yards and updated over 14,000 times a day), it raises the question of whether the location data being collected can be used to personally identify an individual, despite anonymizing the dataset.

Various data privacy regulations subject location data to greater protections, like increased security measures and requiring express consent before the collection of personal data. Let’s take a closer look at the various regulations and how they govern geolocation data below.

The Federal Trade Commission (FTC)

In the United States, there is not currently a federal law that regulates the use, collection, or sharing of geolocation data. However, the Federal Trade Commission (FTC) has made efforts to protect the privacy of consumers' geolocation data through enforcement, policy making, and education. The FTC considers precise geolocation data to be sensitive personal information, and failure to reasonably protect this information, or failure to adequately disclose its collection or sharing, would violate Section 5 of the FTC Act for unfair or deceptive trade practices. The FTC has already taken action against many well-known companies for their misrepresentations of a user's geolocation information, including Snapchat and Uber.

In addition, the FTC regulates children's online privacy through the Children’s Online Privacy Protection Act (COPPA). Under COPPA, geolocation data is defined the same way as the FTC – any information sufficient to identify the street name and name of a city or town – and considered personal information. If an app collects the longitude or latitude for a user in the U.S. under the age of 13, it will fall under COPPA regulations and be subjected to strict notice and consent requirements.

The General Data Protection Regulation (GDPR)

As one of the strictest and most influential privacy laws, the General Data Protection Regulation (GDPR) has many rules regarding geolocation data. Under the GDPR, location data is considered to be any information collected by a network or service about where an individual's device is or was located, including the following details:

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  • The latitude, longitude or altitude of the device
  • The direction of travel of the user
  • The time the location information was recorded

This excludes GPS-based location information collected from mobile devices since this information is created and collected independently of a network or service provider. Businesses can also only process location data with the authority of the network or service provider if it is anonymous or if consent is obtained from the user.

Consent must be freely given, specific, and informed and involve an affirmative action such as ticking a box or clicking a link. Information must also be given to the user that includes the type of location data being processed, what the data is being used for, how long the data will be stored, and whether it will be passed to a third party to provide value-added services. The GDPR emphasizes the importance of customers completely understanding who is using the data and who is providing the service. In addition, customers are entitled to withdraw their consent at any time.

The California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) is the most comprehensive state privacy law in the U.S., giving Californians more control over their personal information. To help protect consumer personal information, the CCPA includes precise geolocation data in its definition of personal information.

As a result, geolocation data is subject to notice and transparency requirements, along with the consumer right to access, deletion, and opt-out. Therefore, consumers have the right to request the types of location data being collected about them and how that information is being used. They can also direct companies to delete their location data being collected and restrict them from selling their location data to third parties.

Keep in mind, the CCPA includes eleven categories in its definition of personal information, one of which includes employee personal information. While some companies have a BYOD policy, many others supply their employees with various devices, ranging from smartphones to laptops to cars. Since these are all beacons for geolocation data, businesses will need to ensure any geolocation data collected on these devices is communicated to their employees, regardless of if it is being utilized or not. Especially since Assembly Bill 25, an amendment that exempted employers from complying with certain CCPA requirements when it comes to the data of employees, sunsets at the end of 2021.

The California Privacy Rights Act (CPRA)

Precise geolocation monitoring can reveal a significant amount of personal information about an individual, and the recently approved California Privacy Rights Act (CPRA) strives to increase protections around that data. Similar to the CCPA, the CPRA will give consumers more rights when it comes to their geographical data, including the ability to stop a business from knowing their exact location within a radius of 1,850 feet, otherwise known as precise geolocation. In addition, businesses will not be allowed to use or disclose a consumer's sensitive personal information for any purposes other than those necessary to provide the goods or services requested.

Consumers will also have the right to prevent the sharing of their personal geolocation information with third parties for behavioral advertising or advertising based on their precise geolocation. This includes the right to opt out of their information being used for automated decision making and consumer profiling. On the other hand, businesses that use third parties and vendors to determine a consumer's precise geolocation to create targeted advertisements will be required to handle this transfer of personal information as a "sale." Although the CPRA will not go into full effect until January 1, 2023, its regulations will apply to personal information collected starting January 1, 2022.

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The Washington Privacy Act (WPA) of 2021

For the third year in a row, the Washington Privacy Act has been introduced to its state legislature. Under the Washington Privacy Act, specific geolocation data is information derived from technology (e.g., GPS coordinates) that identifies the specific location of an individual within a geographic area with a radius of 1,850 feet.

Under the WPA, geolocation data is viewed as a type of sensitive personal data and would require consent from the consumer or, when applicable, a child’s parent or guardian, before it can be processed. This privacy bill received approval from the Senate in early 2021 and is currently awaiting a verdict from the House.

The Consumer Data Protection Act (CDPA) - Virgina

Signed into law on Tuesday, March 2, 2021, the Consumer Data Protection Act (CDPA) makes Virginia the second state to pass a comprehensive privacy regulation in the U.S. Along with introducing increased protections for consumer data, the CDPA also established definitions regarding precise geolocation data:

"Information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet."

Precise geolocation data does not include any means of communication, or any data generated by or connected to utility metering infrastructure systems. Under the CDPA, controllers (the entity that determines the purpose or means of processing data) would need to obtain consent prior to collecting or processing geolocation information, which is considered sensitive personal information under this new law. Companies that are already aligned with the CCPA should have an advantage in complying with the CDPA, which goes into effect on January 1, 2023.

As location tracking technologies further develop and data analytics becomes more advanced, keeping pace with these changes will be hard to maintain for government regulations and laws. Although not a new concept, self-regulation has become more prevalent over the last few years and has been a common measure within the advertising and marketing industry. Self-regulation is the idea that rather than creating a prescriptive law, governments allow an industry to set their own standard of rules and best practices that companies voluntarily agree to follow.

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For the advertising industry, these rules are considered their Code of Advertising, which are based on the belief that advertisements should be legal, honest, and transparent, and that they have a responsibility to the consumer. Geolocation has proven difficult to regulate and is becoming more intrusive as companies look to capitalize on location data. Self-regulation can address certain issues around the collection and sale of geolocation information and provide the opportunity for consumers, regulators, and marketers to benefit.

With so many different standards and regulations that govern geolocation data, it can seem overwhelming to attempt to comply with them all. Fortunately, there are certain steps your organization can take to assure compliance with applicable laws.

Determine which regulations apply to your organization.

A critical step in your geolocation compliance efforts is to determine which regulation(s) and/or best practice framework(s) are in scope for your organization. While the CCPA and GDPR have been around for a while, the CDPA in Virginia and the WPA in Washington are relatively new. In addition, new bills are constantly being introduced to increase consumer rights. Many of these regulations also have a list of entities and data that are exempt from its scope. For example, the CDPA excludes government entities, non-profits, and higher education institutes and information subject to COPPA. Understanding which regulations are in scope of your organization can help you streamline your compliance efforts, reconcile overlapping data security requirements, and help you build a data privacy program that can adapt to the changing legislative landscape.

Update your privacy policies to include geolocation collection practices.

Under most privacy laws and regulations, consumers have the right to know how their data is collected, used, or shared, and the opportunity to opt-out and revoke consent to the sharing/selling of their personal information. The same goes for geolocation data. You will need to update your privacy policies to give consumers and employees notice of these geolocation data rights. You should also include what third parties will be granted access to this information. These practices will not only help you comply with the requirements of various data privacy laws, but also prevent the collection and disclosure of geolocation information from being considered "deceptive" by the FTC and other regulatory bodies.

Gain explicit consent before the collection of geolocation data.

Consent is an important part for many privacy laws. Regardless of which regulation is in scope of your organization, ensure that each individual has provided affirmative, express consent before any location data is collected. The disclosures provided to gain consent should clearly explain how the location tracking is being conducted and for what purposes, so each individual clearly understands to what they are providing consent.

Place limits on the collection of geolocation data.

After your organization obtains consent from an individual, ensure that the only geolocation data being collected is necessary to provide the service. Collection that goes beyond the purposes of the original consent can result in noncompliance penalties and increase privacy and security risks to both the individual and your organization. Geolocation data should also not be stored beyond the time period necessary to provide the requested service to further reduce any potential risks in the event of a breach. Since departments like Marketing and Human Resources are constantly collecting consumer and employee information, it is imperative that these departments are made aware of these geolocation data requirements and that you work alongside them to establish appropriate collection limits and policies.

Establish proper policies for third parties collecting geolocation data.

Whether your business collects the geolocation information of consumers and shares them with third parties, or simply uses the geolocation data provided by a vendor, it is important to properly evaluate these relationships. Performing your due diligence will clarify how these third parties are using this data and if the data will be combined with any other personal data by the third parties (e.g., fitness tracker with social network capabilities). Thereby, protecting both your business and your consumers.

Ensure individual geolocation data is anonymized (but beware of the associated risks).

Many businesses claim that they are more interested in the patterns geolocation data provides, rather than the identity the data could reveal about a consumer. Nevertheless, be sure that any location data being collected is anonymized, especially since anonymized data is not subject to data protection laws. However, an even more crucial step is to understand that achieving irrevocable anonymity with geolocation data is extremely challenging. For example, simply identifying where an individual spends most nights and checking public records can disclose the name behind the anonymous account. Therefore, it is important to have strict access controls to help prevent against this re-identification.

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Provide awareness training for employees on the proper handling of geolocation data.

Geolocation information has the potential to reveal intimate details about an individual. Those with access to this data (i.e., employees) have the potential to either exploit it for their personal use or mishandle the information, exposing it to potential risks. Ensure your employees are correctly trained on the proper handling of geolocation information and that they understand the implications, benefits, and associated responsibilities involved in the collection and use of geolocation information.

Geolocation data has the capability to reveal a significant number of intimate details about a person's life, making it a lucrative business for many organizations. However, these data collection practices raise privacy concerns among consumers and can pose noncompliance threats to many businesses. With more and more privacy laws being enacted every day, ensuring your organization complies with all the appropriate geolocation standards will ensure your organization is on the right track to protecting your consumers.

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FAQs

How do you guide to ensure data protection? ›

Follow these tips to ensure your organisation isn't one of them.
  1. Understanding GDPR. ...
  2. Identify and document the data you hold. ...
  3. Review current data governance practices. ...
  4. Check consent procedures. ...
  5. Assign data protection leads. ...
  6. Establish procedures for reporting breaches.
7 Dec 2018

What technique is used for geolocation? ›

Network-based geolocation

A technique used by different network providers is network triangulation. This means that you can determine the location of a point by forming triangles to it from known points.

What are the 7 key principles of the Data Protection Act? ›

Processing includes the collection, organisation, structuring, storage, alteration, consultation, use, communication, combination, restriction, erasure or destruction of personal data. Broadly, the seven principles are : Lawfulness, fairness and transparency. Purpose limitation.

How would you ensure data protection when recording results? ›

Keeping data
  1. review the content of files and records. accuracy. relevance. fairness and access rights.
  2. keep data secure.
  3. maintain best practice in record keeping. limit access to data. only use data for the original purpose. keep files in a single location.
  4. only retain data for as long as necessary.

What are 3 things you must do to comply with data protection? ›

  • Data must be collected and used fairly and within the law. ...
  • Data can only be used the way it is registered with the Information Commissioner. ...
  • The information held must be adequate for its purpose. ...
  • The information must be up-to-date. ...
  • Data must not be stored longer than needed.

What is data protection in simple words? ›

Everyone responsible for using personal data has to follow strict rules called 'data protection principles'. They must make sure the information is: used fairly, lawfully and transparently. used for specified, explicit purposes. used in a way that is adequate, relevant and limited to only what is necessary.

What are the two known ways to present location specific data? ›

There are two ways of presenting location data to the user: geodetic and civil. The geodetic way of describing position refers directly to latitude and longitude. The civic representation of location data is a more human readable and understandable format.

What is geolocation example? ›

Geolocation data generally fulfills one or more of three functions. The most common example is providing the location of an object on Earth through longitude and latitude coordinates. It can also add location information to a digital artifact such as a photo or social media post.

What is the difference between geolocation and location? ›

Geolocation also reveals more specific data relating to their location, such as their current city or state, which is highly valuable to digital marketers. While geolocation uses a variety of different information sources to identify a user's location, geolocation by IP is much more specific.

Why is it important that all records are clear legible accurate concise and meet GDPR legislation? ›

If records are not accurate, it could result in incorrect conclusions being drawn and an individual receiving the wrong care and support. Ensuring that you record information as soon as possible helps with accuracy because the information will still be fresh in your mind.

What is a best practice to keep in mind when it comes to handling personal data that may be protected by the GDPR? ›

All personal information should be processed lawfully. Lawfully can mean (but is not limited to): in accordance with a contract or legal obligation; the processing of data is within the public interest; data processing is in the controller's legitimate interests, such as preventing illegal activity or a breach.

How do you comply with general data protection regulation? ›

There are 7 key steps you need to follow in order to comply with GDPR.
  1. Appoint a Data Protection Officer (if you need one) ...
  2. Review GDPR. ...
  3. Information audit. ...
  4. Determine your lawful basis for processing data. ...
  5. Implement processes. ...
  6. Establish documentation. ...
  7. Implement training and policies.
3 Mar 2020

What are the three 3 general data privacy principles? ›

Principles of Transparency, Legitimate Purpose and Proportionality. The processing of personal data shall be allowed subject to adherence to the principles of transparency, legitimate purpose, and proportionality.

Which are the 4 basic principles of data privacy? ›

Generally, these principles include: Purpose limitation. Fairness, lawfulness, and transparency. Data minimization.

What are the 3 main acts when dealing with personal data? ›

Lawfulness, fairness, and transparency: Any processing of personal data should be lawful and fair. It should be transparent to individuals that personal data concerning them are collected, used, consulted, or otherwise processed and to what extent the personal data are or will be processed.

What makes a good data protection policy? ›

There is no standard content that a data protection policy must have. It should include high-level principles and rules for your organisation, and can touch on some of the procedures and practices that staff should follow. The policies covered should be: appropriate to your organisation's size, culture and operations.

How do I follow data protection at work? ›

Employers must demonstrate data protection compliance by training, auditing and documenting processing activities, and reviewing HR policies. They should also: Appoint a data protection officer (DPO) where appropriate – see below. Only collect personal data that is adequate, relevant and necessary.

What are the 8 principles of data protection? ›

What Are the Eight Principles of the Data Protection Act?
  • Fair and Lawful Use, Transparency. The principle of this first clause is simple. ...
  • Specific for Intended Purpose. ...
  • Minimum Data Requirement. ...
  • Need for Accuracy. ...
  • Data Retention Time Limit. ...
  • The right to be forgotten. ...
  • Ensuring Data Security. ...
  • Accountability.
12 Oct 2020

How do you keep data safe and secure? ›

Here are some practical steps you can take today to tighten up your data security.
  1. Back up your data. ...
  2. Use strong passwords. ...
  3. Take care when working remotely. ...
  4. Be wary of suspicious emails. ...
  5. Install anti-virus and malware protection. ...
  6. Don't leave paperwork or laptops unattended. ...
  7. Make sure your Wi-Fi is secure.
8 Aug 2022

Why Is Data Protection Act important? ›

The current data privacy laws

GDPR lays down strict rules on the collection, processing and storage of personal information. Businesses that collect personal data must ensure it is accurate, kept up to date and deleted as soon as the company has no need for it.

What is the main purpose of data privacy? ›

10173, otherwise known as the Data Privacy Act is a law that seeks to protect all forms of information, be it private, personal, or sensitive. It is meant to cover both natural and juridical persons involved in the processing of personal information.

What are the different ways to get location data? ›

Once you have Location object, you can use Geocoder. getFromLocation() method to get an address for a given latitude and longitude. This method is synchronous, and may take a long time to do its work, so you should call the method from the doInBackground() method of an AsyncTask class.

How do you collect location data? ›

Basics in Collecting Geo-Location Data
  1. Open Google maps with a web browser at maps.google.com .
  2. Use the Search field to find your selected location of interest.
  3. Zoom in, move the map, and then click on the specific location you identify as your most accurate data point.

How do you represent location-based data? ›

Here are some common data visualization types that use location data:
  1. Proportional symbol maps.
  2. Choropleth maps (filled maps)
  3. Point distribution maps.
  4. Heatmaps (density maps)
  5. Flow maps (path maps)
  6. Spider maps (origin-destination maps)

What is geolocation and why is it important? ›

Geolocation refers to the use of location technologies such as GPS or IP addresses to identify and track the whereabouts of connected electronic devices. Because these devices are often carried on an individual's person, geolocation is often used to track the movements and location of people and surveillance.

What are the benefits of geolocation? ›

Benefits of Geolocation Marketing
  • Highly targeted audiences. Geolocation allows marketers to connect with customers in close physical proximity to their business. ...
  • Information acquisition about current customers. ...
  • Rewarding loyal customers. ...
  • Attracting new customers. ...
  • Get measured results. ...
  • Geotargeting. ...
  • Geofencing. ...
  • Beacons.
18 Mar 2021

Are geolocation devices a threat to privacy? ›

Another privacy issue linked to geolocation tracking is stalking. People may unknowingly share their real-time location with everyone, including potential stalkers, who follow them on social media.

What is geolocation data? ›

Geolocation data is information that can be used to identify an electronic device's physical location. See also: GPS, triangulation.

What is geolocation in cyber security? ›

Geolocation technology uses data acquired from user devices to identify or describe the user's actual physical location. With this technology, it is possible to obtain information in real-time and locate users with pinpoint accuracy at a given instant.

Is IP address the same as geolocation? ›

Geolocation reveals local information, specific to the individual like state and city because it uses longitude and latitude coordinates. However, geolocation by IP does not have local information because it only uses the IP address information.

› resource › geolocation ›

Geolocation Defined. Geolocation is the identification of the real-world geographic location of an object. This identification is done by generating a set of ge...

Geolocation Data - an overview

https://www.sciencedirect.com › topics › computer-science
https://www.sciencedirect.com › topics › computer-science
Jones,55 in which it unanimously ruled that the attachment of a GPS tracking device to an individual's vehicle by police, and subsequent use of t...
Geolocation data is information associated with an electronic device that can be used to identify its physical location. The most common example of geolocation ...

How do you ensure data security in health and social care? ›

Robust data security standards
  1. Technology can be used to protect data, for example by restricting access (using passwords or swipe cards to control access to data), or using encryption so the data can only be read with a code.
  2. IT systems must be kept up-to-date to protect against viruses and hacking.

How do they keep their data secure and protected? ›

Encryption is designed to scramble your data so no one can understand what it says without a key. It's not only useful for protecting information on your computer, but also for making sure text messages and emails on your phone aren't subject to prying eyes.

What is data protection NHS? ›

Data protection legislation requires that the collection and processing of personal data is fair, lawful and transparent. This means there must always be a valid lawful basis for the collection and processing of data as defined under data protection legislation, and the requirements of the CLDC must also be met.

What is data protection and why is it important? ›

Data protection law sets out what should be done to make sure everyone's data is used properly and fairly. You probably have personal data about your customers and clients such as names, addresses, contact details. You might even have sensitive information such as medical data.

What are your security measures for protecting your data centers and other facilities? ›

Data Center IT Security Access Controls

Allow access to services based on business needs. Keep systems up to date with the latest security patches. Use strong password controls. Use secure protocols such as SSH or HTTPS.

How are you doing on keeping your own information secure? ›

Create strong passwords

Choose combinations of lower and upper-case letters, numbers, and symbols and change them periodically. It's also better to create a unique password instead of using the same password across multiple sites—a password manager tool can help you keep track.

Why is data protection important in patient care? ›

Confidential patient data falling into the wrong hands can lead to unwanted and adverse outcomes. It was found that the number of individuals affected by cybersecurity attacks in healthcare had tripled from 14 million in 2018 to 45 million in 2021, up from 34 million in 2020.

How can you protect important information and data in your workplace? ›

10 Tips for Data Loss Prevention in the Workplace
  1. Always Back Up Your Data. Prevention is the best protection. ...
  2. Diversify Your Backups. ...
  3. Encrypt Sensitive Data. ...
  4. Address Device Security. ...
  5. Use Anti-Virus and Email Security. ...
  6. Trust the Professionals. ...
  7. Make Employees a Part of Your Security Plan. ...
  8. Keep Your Software Up to Date.
21 Jun 2022

How do we know the data is secure? ›

Data security refers to the process of protecting data from unauthorized access and data corruption throughout its lifecycle. Data security includes data encryption, hashing, tokenization, and key management practices that protect data across all applications and platforms.

How do you ensure data security in networks? ›

Here are a few measures organizations can take to ensure data security.
  1. Protect the IT Infrastructure. ...
  2. Perform Comprehensive and Regular Audits. ...
  3. Limit Data Access. ...
  4. Remove Stale Information and Put Secure Backups in Place. ...
  5. Change Your Mindset.
5 Oct 2020

What are the 4 NHS codes of confidentiality? ›

The four main requirements are:
  • a. PROTECT – look after the patient's or service user's information.
  • b. INFORM – ensure that individuals are aware of how their.
  • c. PROVIDE CHOICE – allow individuals to decide, where appropriate,
  • d. IMPROVE – always look for better ways to protect, inform, and.

What are 8 principles of the Data Protection Act? ›

What are the Eight Principles of the Data Protection Act?
1998 ActGDPR
Principle 2 – purposesPrinciple (b) – purpose limitation
Principle 3 – adequacyPrinciple (c) – data minimisation
Principle 4 – accuracyPrinciple (d) – accuracy
Principle 5 - retentionPrinciple (e) – storage limitation
5 more rows

What is the difference between data protection and confidentiality? ›

Definition. Data protection is the process of safeguarding important information from corruption, compromise or loss while confidentiality is the process of taking measures to ensure that the sensitive information is only accessed by authorized parties.

Who is responsible for data protection? ›

The DPA and Principles of Data Protection

In the UK it is the Information Commissioner that fulfils this role, and as such, can impose fines of up to 20 million Euros (equivalent in GBP) or 4% of an organisation's total annual global turnover, for failures to comply.

Who is responsible for protecting data? ›

In general terms, the data controller is the entity that determines why and how personal data is processed. The controller must be responsible for, and demonstrate, compliance with the Data Protection Principles, and is accountable for enforcing them.

What are data protection laws? ›

Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data.

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