Bill Text: NH SB732 | 2020 | Regular Session | Introduced
Bill Title: Prohibiting the sharing of location data.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-06-16 - Placed on Laid on Table Consent List and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8 [SB732 Detail]
Download: New_Hampshire-2020-SB732-Introduced.html
SB 732-FN - AS INTRODUCED
2020 SESSION
20-3055
04/01
SENATE BILL 732-FN
AN ACT prohibiting the sharing of location data.
SPONSORS: Sen. Chandley, Dist 11; Rep. Wuelper, Straf. 3; Rep. M. Smith, Straf. 6; Rep. Cushing, Rock. 21; Rep. McGuire, Merr. 29
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits the sharing of location data by a mobile application developer, telecommunications carrier, or other person.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-3055
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT prohibiting the sharing of location data.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Wiretapping and Eavesdropping; Sharing Location Data Prohibited. Amend RSA 570-A by inserting after section 2-a the following new section:
570-A:2-b Sharing Location Data Prohibited.
I. In this section:
(a)(1) "Authorized use" means the sharing of a customer's location data:
(A) For the purpose of providing a service explicitly requested by such customer;
(B) Exclusively for the purpose of providing a service explicitly requested by such customer; and
(C) Where such data is not collected, shared, stored, or otherwise used by a third party for any purpose other than providing a service explicitly requested by such customer.
(2) "Authorized use" shall not include any instance in which a customer's location data is shared in exchange for products or services.
(b) "Customer" means a current or former subscriber to a telecommunications carrier or a current or former user of a mobile application.
(c) "Location data" means information related to the physical or geographical location of a person or the person's mobile communications device, regardless of the particular technological method used to obtain this information.
(d) "Mobile application" means a software program that runs on the operating system of a mobile communications device.
(e) "Mobile application developer" means a person that owns, operates, or maintains a mobile application and makes such application available for the use of customers for a fee or otherwise.
(f) "Mobile communications device" means any portable wireless telecommunications equipment that is utilized for the transmission or reception of data, including location data, and that is or may be commonly carried by or on a person or commonly travels with a person, including in or as part of a vehicle a person drives.
(g) "Share" means to make location data available to another person, for a fee or otherwise.
(h) "Telecommunications carrier" means a service offered to the public for a fee that transmits sounds, images, or data through wireless telecommunications technology.
II.(a) No mobile application developer or a telecommunications carrier shall share a customer's location data where such location data was collected while the customer's mobile communications device were physically present in the city.
(b) No person who receives location data that is shared in violation of subparagraph (a) shall share such data with another person.
III. A mobile application developer, telecommunications carrier, or other person who shares a customer's location data with another person in a manner prohibited by this section shall be guilty of a violation and subject to a fine of $1,000. A mobile application developer, telecommunications carrier, or other person who is convicted of multiple violations of this section shall be subject to a maximum fine $10,000 for each person whose location data was shared in violation of this section.
IV. This section shall not apply to:
(a) Information provided to a law enforcement agency in response to a lawful process;
(b) Information provided to an emergency service agency responding to an emergency communication or any other communication reporting an imminent threat to life or property;
(c) Information required to be provided by a federal, state, or local law enforcement agency; or
(d) A customer providing the customer's own location data to a mobile application.
V. Any customer whose location data has been shared in violation of this chapter may bring a private action in a court of competent jurisdiction. If a court of competent jurisdiction finds that a person has violated a provision of this section, the court may award actual damages and reasonable attorney's fees and costs incurred in maintaining such civil action.
2 Effective Date. This act shall take effect 60 days after its passage.
20-3055
1/9/20
SB 732-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting the sharing of location data.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Judicial Branch, who was originally contacted on November 21, 2019 for a fiscal note worksheet, which they have not provided as of January 9, 2020. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Judicial Branch
