HB 728 – AS INTRODUCED
2007 SESSION
05/03
HOUSE BILL 728
AN ACT relative to access to wireless telephone records.
The bill requires a personal wireless service provider to give the customer a copy of his or her account records upon request.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0977
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to access to wireless telephone records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Personal Wireless Service Providers. Amend RSA by inserting after chapter 359-H the following new chapter:
CHAPTER 359-I
PERSONAL WIRELESS SERVICE PROVIDERS
359-I:1 Contract Requirement; Record Request. Any person engaged in the business of providing personal wireless services, as defined in RSA 12-K:2, XII, in this state shall provide, upon request of the account holder, a complete copy of the account holder’s records. The terms of the service contract shall include the procedure for making such a request.
3591:2 Emergencies. In the event of an emergency, an account holder shall be entitled to receive the wireless service usage record for his or her account for the previous 10 days. Upon receipt of a request under this section, the personal wireless service provider shall provide the information within 12 hours. The personal wireless service provider shall provide the information under this section when the account holder makes the request by telephone, and the account holder shall provide written confirmation within 24 hours of receiving the requested information. Upon request, the wireless service provider shall include all information available to the wireless service provider identifying the location of usage. In this section, “emergency” means a situation when there is a reasonable belief that the account holder’s equipment usage record can assist law enforcement officials in responding to a kidnapping or abduction, locating a missing person or runaway minor, or solving or preventing a crime.
359-I:3 Violation. Any person injured by another’s violation of this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees, as determined by the court. If the court finds that the act or practice was a willful or knowing violation of this chapter, the person may be subject to a fine of $10,000. Any attempted waiver of the rights established under this chapter shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court. Upon commencement of any action brought under this chapter, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
2 Effective Date. This act shall take effect January 1, 2008.