Bill > S1657

Introduced Session

This bill prohibits commercial mobile service providers and mobile application developers from disclosing a customer's location data with another person if the customer is located within the State. The bill prohibits anyone who receives the location data from commercial mobile service providers and mobile application developers from disclosing it to another person. Each instance of unlawful disclosure constitutes a separate violation. The bill's prohibitions do not apply to: 1) information provided to a law enforcement agency in response to a legal process; 2) information provided to an emergency service organization responding to a 9-1-1 communication or any other communication reporting an imminent threat to life or property; 3) information required to be provided by federal, State, or local law; or 4) a customer providing the customer's own location data to a commercial mobile service provider or mobile application developer to be disclosed for an authorized use. The penalty for violating the prohibitions in the bill is $1,000 per violation, with a maximum penalty of $10,000 per person. The Division of Consumer Affairs in the Department of Law and Public Safety is to enforce the bill's prohibitions. The bill creates a private right of action against commercial mobile service providers and mobile application developers that violate this prohibition.

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Linda Greenstein (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 02/13/2020)