Here is the information located in the sub Menu "Me and my device" - "My information" - "More info" on a Via Live 120 device. I think its quite important that all users of LIVE devices (Sim card embedded) can read it here. It states: "Only if you give us your permission, your navigation device will continously collect information and send it to TomTom at regular intervals. The information is also stored on your device until you connect it to your PC, then the information is sent to TomTom and deleted from your device. The information includes details that identify the navigation device, your MyTomTom account name and information entered while you were using the navigation device. TomTom uses this information to be able to deliver LIVE services to you and to improve the HD Traffic service. Within 20 minutes of switching off your navigation system, TomTom automatically and irreversibly destroys any data that allows identification of you or your device. This, now anonymous, information is used to improve TomTom's products and services, such as maps, reports on Points of Interest and average speeds driven. These products and services are also used by government agencies and businesses. Using your navigation system, you can join the Mapshare Community or report speed cameras. If you choose to use either of these services, your reports, that include location information, are sent to TomTom and kept together with your MyTomTom account. TomTom then uses your information to improve its maps and speed cameras. If you no longer allow sharing of information, none of the above information is sent to TomTom and information previously stored on your device is deleted. You won't be able to recieve HD Traffic or mobile speed camera locations, or use any other LIVE services. TomTom will not give anyone else access to the information collected from your navigation system. In choosing to provide TomTom with information, you are helping to make driving better, specifically by improving maps, traffic flows and reducing congestion. We appreciate your help. Note: The length or end date of your service subscription does not change if you do not allow sharing of information. This navigation system uses a GSM network (the embedded sim card) that contains location information about your navigation system. By law, the network operator may be required to retain this location and other information for law enforcement purposes and TomTom has no influence over this. If you disable information sharing, the mobile network connection is not active and the network operator cannot store location information". If you think that your information is not being used for the purpose for which you have provided it to TomTom, contact us at http://tomtom.com/support
Best answer by Lupus1
View original comment
addtionally I'll provide the information from another post I've just written on this board.
TT followed a change in European law so they have to notify customers about data being gathered. This was the same before the change of the law just it wasn't necessary to ask users whether they'd like to share that data or not.
The problem is that you need to share some data as without transferring certain data a connection cannot be built up at all. The provider needs the data to establish the connection between a SIM card and his servers. This is the same with your mobile phone.
Your units serial number, wireless ID number and the IP address being used to request Live data are not encrypted. All other facets of the communication, including your current location information and the details of your request, are encrypted on your unit before it is transmitted to the wireless carrier who will be handling your traffic. As noted above, your units wireless ID number must be available to the carrier in order to validate use of the carriers network, much like your cell phone must be identified to validate its use on a particular carriers system. Also it gets annonymized as soon as it reaches TT and this data gets deleted latest 20 minutes after the connection has been closed due to your device being turned off. The connection also gets interrupted automatically after 24 hours.
Due to EU law not differntiating between different types of personal data, a failure to share this data would provide no mechanism for TomTom to validate your account and return data to your device over the Live wireless link. Even Live data requests that would reveal nothing at all about your current location (e.g., asking for Yelp! advice in another city) require your units serial number to confirm your subscription to Live, and the current IP address of your device is necessary to know where to return the data to you.
In the event that you choose not to share in response to the question on your TomTom, the wireless modem in your TomTom device is shut down, making your location invisible even to the wireless carrier network (no signal from your unit to track). In the EU (and in some other countries), wireless carriers are legally required to retain base station information and to produce that information upon legal demand by authorities, and includes the location of devices in a call or with an active data connection. If your units modem is shut down, that assures that no data about your device's use or location can be stored by the wireless carrier (and those allowed to get it): it simply does not exist.
I hope this helps to explain the problems involved with this change in European law.