HF 3513

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 04:35pm

A bill for an act
relating to state government; prohibiting government entities from requesting or
obtaining reverse-location information; prohibiting the use of reverse-location
information from being used in a criminal action; prohibiting a court from issuing
a court order to obtain reverse-location data; providing a civil cause of action when
reverse-location data is obtained by a government entity; proposing coding for
new law in Minnesota Statutes, chapters 13; 626A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13.083] PRIVATE RIGHT OF ACTION; REVERSE-LOCATION DATA.
new text end

new text begin (a) Any person whose name or other identifying information was obtained by a
government entity in violation of section 626A.45 shall be notified of the violation, in
writing. The notification must come from the government entity who committed the violation
or who employs the individual who committed the violation, and include the legal recourse
available to that person under paragraph (b).
new text end

new text begin (b) Any person whose name or other identifying information was obtained by a
government entity in violation of section 626A.45 may bring a civil action against such
governmental entity and the court may award the following relief:
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new text begin (1) $1,000 per violation or actual damages, whichever is greater;
new text end

new text begin (2) punitive damages consistent with section 549.191;
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new text begin (3) injunctive or declaratory relief;
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new text begin (4) attorney fees and costs to a prevailing plaintiff; and
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new text begin (5) any other relief the court deems necessary.
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new text begin (c) An action filed pursuant to this section may be commenced (1) in the county in which
the individual alleging damage or seeking relief resides or (2) in the county wherein the
political subdivision exists or in the case of the state, any county.
new text end

Sec. 2.

new text begin [626A.45] REVERSE-LOCATION REQUEST; COURT ORDER;
ADMISSIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Government entity" shall have the meaning given in section 13.02, subdivision 7a.
new text end

new text begin (c) "Reverse-keyword court order" shall mean any court order, including a search warrant
or subpoena compelling the disclosure of records or information identifying any unnamed
persons, by name or other unique identifier, who electronically searched for a particular
word, phrase, or website or who visited a particular website through a link generated by
such a search, regardless of whether or not the order is limited to a specific geographic area
or time frame.
new text end

new text begin (d) "Reverse-keyword request" shall mean any request, in the absence of a court order,
by any government entity for the voluntary provision of records or information identifying
any unnamed persons, by name or other unique identifier, who electronically searched for
a particular word, phrase, or website or who visited a particular website through a link
generated by such a search, regardless of whether or not the request is limited to a specific
geographic area or time frame.
new text end

new text begin (e) "Reverse-location court order" shall mean any court order, including a search warrant
or subpoena compelling the disclosure of records or information pertaining to the location
of unspecified electronic devices or their unnamed users or owners, whose scope extends
to an unknown number of electronic devices present in a given geographic area at a given
time, whether such location is measured via global positioning system coordinates, cell
tower connectivity, Wi-Fi positioning, or any other form of location detection.
new text end

new text begin (f) "Reverse-location request" shall mean any request, in the absence of a court order,
by any government entity for the voluntary provision of records or information pertaining
to the location of unspecified electronic devices or their unnamed users or owners, whose
scope extends to an unknown number of electronic devices present in a given geographic
area at a given time, whether such location is measured via global positioning system
coordinates, cell tower connectivity, Wi-Fi positioning, or any other form of location
detection.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on reverse-location requests. new text end

new text begin (a) No government entity or
individual acting on behalf of the state or a local government agency or office shall:
new text end

new text begin (1) seek from any court a reverse-location court order or a reverse-keyword court order;
new text end

new text begin (2) seek, secure, obtain, borrow, or purchase any information or data obtained through
a reverse-location court order or a reverse-keyword court order;
new text end

new text begin (3) make a reverse-location request or a reverse-keyword request;
new text end

new text begin (4) seek, secure, obtain, borrow, or purchase any information or data obtained through
a reverse-location request or a reverse-keyword request; or
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new text begin (5) seek the assistance of any agency of the federal government or any agency of the
government of another state or subdivision thereof in obtaining information or data from a
reverse-location court order, reverse-keyword court order, reverse-location request, or
reverse-keyword request if the government entity would be barred from directly seeking
such information under this section.
new text end

new text begin (b) No court shall issue a reverse-keyword court order or reverse-location court order
except in the event of a sudden natural disaster.
new text end

new text begin Subd. 3. new text end

new text begin Evidence derived from reverse-location data. new text end

new text begin Except as proof of a violation
of this section, no record or information obtained, accessed, or otherwise secured in violation
of this section, nor any evidence derived therefrom, shall be admissible in any criminal,
civil, administrative, or other proceeding. For the purposes of this section, a record,
information, or evidence is derived from a reverse-location court order, reverse-keyword
court order, reverse-location request, or reverse-keyword request where the government
entity or individual acting on behalf of a government agency or office would not have
originally possessed the information or evidence but for the violative court order or request,
and regardless of any claim that the record, information, or evidence is attenuated from the
unlawful order or request, would inevitably have been discovered, or was subsequently
reobtained through other means.
new text end