The FBI has resumed buying commercially available data that can be used to track people’s movements, according to testimony from Director Kash Patel at a Senate Intelligence Committee hearing.
The disclosure, first reported by Politico, is the first public confirmation since 2023 that the bureau is again actively purchasing this kind of information for investigations, renewing concerns that agencies can obtain sensitive location data without going through the warrant process normally required for providers.
Patel made the statement during the committee’s annual Worldwide Threats hearing on March 18, saying the FBI buys commercially available information in a manner it believes complies with the Constitution and the Electronic Communications Privacy Act. He added that the practice has produced “valuable intelligence” for the bureau.
The testimony is notable because former FBI Director Christopher Wray told lawmakers in 2023 that the agency had bought location data in the past but was not doing so at that time. Patel’s remarks now confirm the practice has resumed.
In 2018, the Supreme Court ruled in Carpenter v. United States that law enforcement generally needs a warrant to obtain historical location records from phone companies. But data brokers can sell similar information collected through apps and advertising networks, creating another path for agencies to access movement and location history.
During the hearing, Sen. Ron Wyden criticized the practice as a warrantless workaround, warning that the growing use of artificial intelligence makes large pools of personal data even more intrusive and powerful.
The practice also appears to extend beyond the FBI. During the same hearing, Defense Intelligence Agency Director James Adams told senators that his agency also buys commercially available information, suggesting the issue reaches across multiple parts of the federal government.
A bipartisan legislative response is underway to tackle this practice. On March 13, Sens. Ron Wyden and Mike Lee introduced the Government Surveillance Reform Act, which would require federal law enforcement and intelligence agencies to obtain a warrant before buying Americans’ personal data. A companion bill has also been introduced in the House by Reps. Zoe Lofgren and Warren Davidson.
Not everyone supports restricting the purchases, though. Committee Chair Tom Cotton defended the practice, arguing that if the data is legally sold on the open market, the FBI should be able to use it, especially in investigations involving dangerous criminals.
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