Sen. Schumer: Local malls could track shoppers via cell phones Spyware raises questions of consumer privacy

Path Intelligence has developed technology that can track shoppers’ movements without their consent.

It's not Big Brother that might be watching you — it could be your local mall.

A British company has developed technology that uses shoppers’ personal cell phones to track their movements through a mall or store without their consent, warned New York senior Sen. Charles Schumer.

J.C. Penney and Home Depot are reportedly considering the technology, Schumer said.

Two malls would have started using the spyware Friday if his office had not called and raised the red flag, he said.

The so-called “footpath technology” is already being used in shopping centers in Europe and Asia, but Schumer has written its creator, Path Intelligence, saying the company needs to get shoppers' explicit consent before it is used. Right now, the only option a consumer has is to turn off his or her cell phone.

Schumer also asked the Federal Trade Commission to see if this new technology violates any existing laws protecting consumers' privacy.