Revision: Feb. 18, 2020, 11:42 a.m.
SB 732-FN - AS INTRODUCED
SENATE BILL 732-FN
SPONSORS: Sen. Chandley, Dist 11; Rep. Wuelper, Straf. 3; Rep. M. Smith, Straf. 6; Rep. Cushing, Rock. 21; Rep. McGuire, Merr. 29
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
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.
SB 732-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
This bill prohibits the sharing of location data by a mobile application developer, telecommunications carrier, or other person. The Judicial Branch indicates the bill would enact RSA 570-A:2-b, making it a violation level offense for a mobile application developer, telecommunications carrier, or other person to share a customer's location data with another person. In addition, a customer whose location data was shared in violation of the bill would have a private right of action against the defendant. The potential fiscal impact to the judicial branch from this bill is in additional violation offenses and civil actions for damages.
The Branch does not have information on which to estimate the number of additional violation level offenses that will result from the proposed bill, but provides the estimated cost to the Branch of an average violation level offense in the district division of the circuit court will be $52 in fiscal year 2021, and $53 in fiscal year 2022. Regarding private actions for sharing location data in violation of proposed law, such cases would be classified as complex civil cases in the superior court. The Branch has no information on how many new complex civil cases would be brought, but provides the estimated cost of an average complex civil case in the superior court will be $782 in fiscal year 2021, and $79 in fiscal year 2022. These numbers do not consider the cost of any appeals that may be taken following trial.
The average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. Funds have been appropriated in the FY 2020-21 budget for new weighted caseload studies.