Revision: Jan. 6, 2012, midnight
HB 1675-FN – AS INTRODUCED
2012 SESSION
05/04
HOUSE BILL 1675-FN
AN ACT relative to location tracking by electronic communications devices.
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits a person from gathering geolocation information from an electronic communications device without the express consent of the person using the device.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2165
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to location tracking by electronic communications devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Location Tracking by Electronic Communications Devices. Amend RSA by inserting after chapter 359-L the following new chapter:
CHAPTER 359-M
LOCATION TRACKING BY ELECTRONIC COMMUNICATIONS DEVICES
359-M:1 Definitions. In this chapter:
I. “Electronic communications device” means any device that:
(a) Enables access to, or use of, an electronic communications system, electronic communication service, remote computing service, or geolocation information service; and
(b) Is designed or intended to be carried by or on the person of an individual or travel with the individual, including, but not limited to, a vehicle the individual drives.
II. “Express authorization” means express affirmative consent after receiving clear and prominent notice that:
(a) Is displayed by the electronic communications device, separate and apart from any final end user license agreement, privacy policy, terms of use page, or similar document;
(b) Provides information regarding what geolocation information will be collected and the specific entities to which the geolocation information may be disclosed; and
(c) Is written in plain English, not exceeding 150 words, and clearly legible by a person with average eyesight, based on the type of electronic communications device being used.
III. “Geolocation information”:
(a) Means any information concerning the location of an electronic communications device that is in whole or in part generated by or derived from the operation or use of the electronic communications device and that may be used to identify or approximate the location of the electronic communications device or the individual that is using the device; and
(b) Does not include any temporarily assigned network address or Internet protocol address of the individual.
IV. “Geolocation information service” means the provision of a global positioning service or other mapping, locational, or directional information service.
359-M:2 Collection and Disclosure of Geolocation Information; Consent Required. No person shall knowingly collect, receive, record, obtain, or disclose to a third party geolocation information from an electronic communications device without the express authorization of the individual using the electronic communications device.
359-M:3 Notice and Revocation Procedure. Not later than 7 days after an individual provides express authorization to a person providing a geolocation information service, the person providing such service shall provide the individual with written notice, displayed by the electronic communications device, that informs the individual that geolocation information is being collected, the nature of the information collected, the identity of any third party to whom it may be disclosed, and the purpose of such disclosure. The notice also shall provide a clear statement of how the individual may revoke consent to the collection, receipt, recording, obtaining, and disclosure of geolocation information relating to the individual.
359-M:4 Exceptions. This chapter shall not apply to:
I. Geolocation information used by an employer in connection with an employment relationship during or after working hours where the employee has been provided reasonable notice of the use of the device.
II. Geolocation information used to locate a person who is incarcerated in the state prison or county jail, is housed in a mental health facility pursuant to a court order after having been charged with a crime, is subject to court-ordered electronic monitoring, or is a resident of a state, county, or private hospital, nursing facility, or assisted living facility.
III. Geolocation information used by the enhanced 911 system or to facilitate an emergency response.
359-M:5 Penalties.
I. Any person convicted of violating this chapter shall be guilty of a class A misdemeanor. Each such act shall constitute a separate offense.
II. An aggrieved individual or the state may bring suit for $1,000 or actual damages, whichever is greater, plus court costs and reasonable attorney’s fees, for each violation of this chapter.
2 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2165
01/03/12
HB 1675-FN - FISCAL NOTE
AN ACT relative to location tracking by electronic communications devices.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Justice. When completed, the fiscal note will be forwarded to the House Clerk's Office.