March 19, 2026 The FBI has gone back to purchasing commercially available data, including Americans’ location histories, to support federal investigations, according to testimony from Director Kash Patel. The practice allows the agency to access sensitive personal data without obtaining a court-authorized warrant, raising renewed legal and privacy concerns.
Patel confirmed the approach during a congressional hearing when asked whether the FBI would stop buying such data.
“We do purchase commercially available information that is consistent with the Constitution and the laws under the Electronic Communications Privacy Act — and it has led to some valuable intelligence for us,” Patel said.
The disclosure marks the first confirmation since 2023 that the FBI is actively buying data from brokers. At that time, the agency had said it had previously purchased location data but was no longer doing so.
Data brokers typically collect information from consumer apps, including games and mobile services, which gather location and behavioural data through tracking technologies. This information is often aggregated and sold as part of the digital advertising ecosystem, particularly through real-time bidding (RTB) systems.
Government agencies have increasingly relied on these commercial data streams as an alternative to traditional surveillance methods. Unlike requests made directly to telecom or technology companies, which generally require judicial approval, purchased data is treated as commercially available and therefore not subject to the same warrant requirements.
Critics argue this creates a legal loophole. Senator Ron Wyden described the practice as an “outrageous end-run around the Fourth Amendment,” which protects against unreasonable searches and seizures.
The FBI has not disclosed how frequently it purchases such data or which brokers it uses. The legal basis for using commercially obtained data without a warrant has also not been tested in court.
Lawmakers are now moving to address the issue. A bipartisan bill introduced last week – the Government Surveillance Reform Act – would require federal agencies to obtain a warrant before purchasing Americans’ data from brokers.
