Text to be removed highlighted in red.
1 New Section; Unauthorized Disclosure of Location Information. Amend RSA 507 by inserting after section 8-i the following new section:
507:8-j Unauthorized Disclosure of Location Information.
I. In this section:
(a) "Location" 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.
(b) "Mobile telecommunications service" means a service offered to the public for a fee that transmits sounds, images, or data through wireless telecommunications technology.
(c) "Share" means to make location data available to another person, for a fee or otherwise.
II. A mobile telecommunications service may share location information of a person only to fulfill an explicit request from that person and not for any other purpose, unless the person has affirmatively waived such right after being properly informed. For purposes of this section, continuing to use a service or website shall not be considered an affirmative waiver.
III. Notwithstanding paragraph II, a mobile telecommunications service may provide a customer's location data:
(a) To comply with an explicit court order or other requirement of law.
(b) To law enforcement officials who have a warrant based on probable cause and signed by a judge.
(c) To an emergency service agency responding to an emergency communication or an imminent threat to life or property.
IV. A mobile telecommunications service that violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $10,000 per day for each violation. Any person whose rights under this section have been violated shall have a right of action against the mobile telecommunication service, including the right to court costs and reasonable attorney's fees as the prevailing party.
2 Effective Date. This act shall take effect January 1, 2021.
Text to be added highlighted in green.
1 New Section; Unauthorized Disclosure of Location Information. Amend RSA 507 by inserting after section 8-i the following new section:
507:8-j Unauthorized Disclosure of Location Information.
I. In this section:
(a) "Location" 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.
(b) "Mobile telecommunications service" means a service offered to the public for a fee that transmits sounds, images, or data through wireless telecommunications technology.
(c) "Share" means to make location data available to another person, for a fee or otherwise.
II. A mobile telecommunications service may share location information of a person only to fulfill an explicit request from that person and not for any other purpose, unless the person has affirmatively waived such right after being properly informed. For purposes of this section, continuing to use a service or website shall not be considered an affirmative waiver.
III. Notwithstanding paragraph II, a mobile telecommunications service may provide a customer's location data:
(a) To comply with an explicit court order or other requirement of law.
(b) To law enforcement officials who have a warrant based on probable cause and signed by a judge.
(c) To an emergency service agency responding to an emergency communication or an imminent threat to life or property.
IV. A mobile telecommunications service that violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $10,000 per day for each violation. Any person whose rights under this section have been violated shall have a right of action against the mobile telecommunication service, including the right to court costs and reasonable attorney's fees as the prevailing party.
2 Effective Date. This act shall take effect January 1, 2021.