The FBI is buying location data to track people. Here’s how data brokers made it possible.

The FBI confirmed this week that it is buying Americans’ location data from commercial data brokers, a practice that gives the government access to sensitive information without obtaining it through traditional warrant-based requests. 

That confirmation came during a Senate Intelligence Committee hearing, where FBI Director Kash Patel said the agency purchases “commercially available information” for investigations, according to Politico(nytt fönster). The exchange drew immediate criticism from lawmakers, including Oregon Sen. Ron Wyden, who said the practice raises serious constitutional concerns(nytt fönster).

It is the first confirmation since 2023 that the FBI is actively buying this type of data again.

How the FBI can access location history without a warrant

In 2018, the US Supreme Court ruled in Carpenter v. United States(nytt fönster) that law enforcement must obtain a warrant to access location data from telecom providers. Data brokers, however, provide another way to obtain similar information.

Agencies can purchase similar datasets collected through mobile apps, advertising systems, and other forms of digital tracking instead of requesting records directly from phone companies. These datasets often include detailed location history, showing where a person has been and how they move through the world.

That system is powered by data brokers, which collect, package, and sell personal information with limited transparency.

A system built on commercial tracking

A data broker gathers information from apps, websites, and third-party partners. Location data is a central part of that system, often collected through routine app permissions.

That information is combined with other signals such as browsing activity, purchases, and inferred interests. The result is a detailed profile that can be sold to a wide range of buyers, including government agencies.

This data is used beyond surveillance. It can shape advertising and influence political messaging in ways that undermine democracy. These datasets continue to expand and are increasingly analyzed using AI, which makes it easier to cross-reference data and uncover deeper patterns about individuals, amplifying existing biases and enabling more precise manipulation at scale.

Why this raises concerns

The Fourth Amendment sets limits on government surveillance. Critics argue that buying data from brokers allows agencies to access similar information without those constraints.

Wyden described the practice as an “outrageous end-run” around constitutional protections during the hearing, as reported by The Guardian.

The scope of the data is part of the concern. Data brokers collect information on large populations, not specific suspects. That means location data tied to daily routines can be accessed without notice or consent.

Once this data is collected, it can be difficult to remove. Many brokers don’t delete it, and the same information can surface on people-finder websites.

How to reduce your exposure

You cannot fully prevent data collection, but you can reduce how much information enters these systems.

Limiting app permissions, especially for location access, is one of the most effective steps. Removing unused apps and avoiding services that depend on tracking also reduces exposure.

A VPN (virtual private network)(nytt fönster) helps by masking your IP address(nytt fönster) and encrypting your internet traffic. This makes it more difficult for third parties to link your activity to your identity, which reduces the amount of information that can later be sold.

What this means going forward

The FBI’s admission puts a spotlight on how government surveillance works, but this isn’t new. Big Tech has long operated on the same model, harvesting user data for profit and paying billion-dollar fines as the cost of doing business, rather than admit wrongdoing and show people how little they value their privacy. Government agencies like the FBI are simply tapping into this existing ecosystem, whether through data brokers or Big Tech companies.

Apps and services collect your most valuable and sensitive information continuously, which can be packaged, combined with other datasets, and sold through a growing commercial market. That system has only perfected over time, especially as large language models (LLMs) make it easier to analyze, cross-reference, and extract insights from vast amounts of information.Once that data enters the system, control over it becomes difficult. It can be accessed, analyzed, and reused in ways that are hard to see and even harder to challenge.

Reducing how much data you generate in the first place, however, is one of the most effective ways to stay out of it.