Revision: Dec. 2, 2019, 3:28 p.m.
HB 1376 - AS INTRODUCED
2020 SESSION
20-2701
06/04
HOUSE BILL 1376
AN ACT establishing a civil penalty for unauthorized sharing of electronic location information.
SPONSORS: Rep. Wuelper, Straf. 3; Rep. T. Lekas, Hills. 37; Rep. McGuire, Merr. 29; Rep. Spillane, Rock. 2; Rep. Gould, Hills. 7; Rep. M. Smith, Straf. 6
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a civil penalty for unauthorized disclosure of electronic location information. This bill also establishes a private right of action in favor of a person whose location information was disclosed.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2701
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT establishing a civil penalty for unauthorized sharing of electronic location information.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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. A mobile telecommunications service that gathers information indicating the location of a person may retain or share such information solely to fulfill an explicit customer request and not for any other purpose, unless the person has waived such right after being properly informed.
II. 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.
III. Any person whose rights under this section have been violated shall have a right of action against the 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.