Bill > S2953

Introduced Session

` This bill prohibits commercial mobile service providers and mobile device application developers from disclosing a customer's global positioning system (GPS) data to a third party, unless the customer has given consent for the third party to access the customer's GPS data. The bill defines "third party" to mean an individual, proprietorship, partnership, corporation, association, or other legal entity that may knowingly or willfully disclose a customer's GPS data. The bill defines "mobile device application developer" to mean any person, including corporate affiliates, that stores or processes a customer's GPS data collected by a mobile device application. Furthermore, mobile device application developers are required to provide a consent notice to customers permitting the developer to disclose the customer's GPS data to a third party. The provisions of the bill require a third party that accesses a customer's GPS data, pursuant to the bill, to not sell the GPS data in any case, and is to disclose the GPS data only as necessary to effectuate the purpose for which consent was given. The provisions of the bill are not to apply to a commercial mobile service provider, mobile device application developer, or a third party required to disclose a customer's GPS data to comply with applicable federal or State law, regulation, law enforcement investigation, legal process, or court order. The bill provides that a violation of its requirements is a violation of the State's consumer fraud act, which may result in a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.

Committee Categories

Gordon Johnson (D)*, 

Introduced in the Senate, Referred to Senate Economic Growth Committee (on 06/29/2022)

Official Document