Companies can monitor personal cell phones of customers who enter a store when they come within a certain proximity of a store's WiFi even if the customer does not login to the WiFi

.

Yes, companies can potentially monitor certain aspects of personal cell phones when customers come within proximity of a store's WiFi, even if the customer doesn't connect to it. Here's how:

• WiFi Tracking: Devices with WiFi enabled constantly send out probe requests to discover nearby networks. These requests include the device's MAC address, a unique identifier. Stores can use WiFi access points or specialized sensors to capture these signals, allowing them to track devices' presence, movement, and dwell time within the store's vicinity.

• No Connection Required: The device doesn’t need to connect to the store’s WiFi for this tracking to occur. As long as WiFi is enabled, the phone broadcasts signals that can be intercepted.

• Data Collected: Companies can collect data like the MAC address, signal strength (to estimate proximity), and timestamps. This can be used to analyze foot traffic, customer behavior, or return visits. Some systems may attempt to correlate this with other data (e.g., loyalty programs) if identifiable information is available, though this is less common without explicit user consent.

• Privacy Concerns: This practice raises privacy issues, as customers may not be aware their devices are being tracked. Many jurisdictions require clear signage or opt-in consent for such tracking. Some devices now use MAC address randomization to mitigate this, making tracking less reliable unless the user connects to the WiFi.

• Legal Considerations: Laws like GDPR (EU) or CCPA (California) impose restrictions on collecting and processing such data without explicit consent or notification. Stores must comply with local regulations, which may mandate transparency (e.g., signs about tracking) or opt-out mechanisms.