SF 2912

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/25/2025 09:55 a.m.

A bill for an act
relating to commerce; prohibiting geolocation and smartphone monitoring of
another in certain circumstances; providing a cause of action to individuals when
geolocation information and other smartphone data has been recorded or shared;
proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Section 1.

new text begin [325F.6985] SMARTPHONE MONITORING; GEOLOCATION
TRACKING CONSENT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Geolocation information" means information (1) generated by or derived in whole
or in part from operating and using an electronic communications device, and (2) sufficient
to identify the street name and name of the city or town where the device is located.
Geolocation information includes information provided by a global positioning service or
a mapping, locational, or directional information service. Geolocation information does not
include information that is in the content of a communication; the Internet Protocol address
of an individual's home, business, or billing address; or component parts of the addresses
alone.
new text end

new text begin (c) "Smartphone" has the meaning given in section 325F.698.
new text end

new text begin Subd. 2. new text end

new text begin Smartphone monitoring; prohibitions. new text end

new text begin (a) Smartphone software and
applications must appear on a phone in a conspicuous manner when the software or
application allows:
new text end

new text begin (1) geolocation information to be shared with another remote user;
new text end

new text begin (2) saved or stored texts to be read by another remote user; or
new text end

new text begin (3) remote access to the phone user's microphone or camera, or data from the camera or
microphone to be shared or recorded by another remote user.
new text end

new text begin (b) For the purposes of this section, an application appears in a conspicuous manner if
the application is displayed as an icon that can be found by a reasonable person. Software
or an application that tracks or records geolocation information, allows saved or stored texts
to be read by another remote user, or allows remote access to the phone user's microphone
or camera must require at least two forms of identity verification before being installed or
used on a device, and must accurately record the identity of the software or application user.
Two-factor authentication required under this paragraph must occur at the time the software
or application is installed, seven days after the date the software or application is installed,
and every 30 days after the date the software or application is installed. When the two-factor
authentication is not completed, the software must be disabled.
new text end

new text begin (c) Except as provided in subdivision 3, an individual is prohibited from installing an
application or software on the smartphone of another individual that allows the individual
to collect, record, share, or distribute the other individual's geolocation information,
microphone or camera data, or texts.
new text end

new text begin (d) Nothing in this section prevents an individual from installing software or an
application on a smartphone that allows the individual to share the individual's own
geolocation information or that allows a user to authorize a software application to access
the microphone or camera on the individual's own smartphone. Nothing in this section
prevents an application or software from being locked so an employee or child is unable to
remove or alter the software to secure the smartphone's location.
new text end

new text begin Subd. 3. new text end

new text begin Smartphone monitoring; exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) the collection of a minor child's geolocation information by the child's parent or legal
guardian;
new text end

new text begin (2) the collection of a minor child's geolocation information by a school or school district
providing a smartphone to a minor child, if the child and the child's parent or legal guardian
has been provided a written notice that geolocation information is collected by the
smartphone;
new text end

new text begin (3) the collection of an employee's geolocation information by an employer for a
legitimate business purpose, if the employer has provided the smartphone to an employee
and given the employee written notice that geolocation information is collected; or
new text end

new text begin (4) the collection or viewing of geolocation information, access to text or electronic
communication, or access to a microphone, camera, or data (i) pursuant to a court order or
warrant, or (ii) by law enforcement authorized by state or federal law.
new text end

new text begin Subd. 4. new text end

new text begin Geolocation tracking; consent required. new text end

new text begin It is not unlawful under this section
for an officer, employee, or agent of a covered services provider whose facilities are used
to transmit geolocation information to intercept, disclose, or use the information in the
normal course of the officer's, employee's, or agent's employment while engaged in any
activity that is necessary to render the service or protect the covered service provider's rights
or property. A covered services provider that provides geolocation information service to
the public must not use service observing or random monitoring, except for mechanical or
service quality control checks.
new text end

new text begin Subd. 5. new text end

new text begin Geolocation tracking; exceptions. new text end

new text begin (a) Notwithstanding any law to the contrary,
it is not unlawful under this section for an officer, employee, or agent of the United States
in the normal course of official duties to conduct electronic surveillance, as authorized by
the Foreign Intelligence Surveillance Act of 1978, United State Code, title 50, section 1801,
et seq.
new text end

new text begin (b) It is not unlawful under this section for the parent, legal guardian, or another person
who the parent or legal guardian has authorized, including a school, school district, or other
caretaker, to track or collect a minor child's geolocation information.
new text end

new text begin (c) It is not unlawful under this section for a person to intercept or access geolocation
information relating to another person through a system that is configured in a manner that
makes the geolocation information readily accessible to the general public.
new text end

new text begin (d) It is not unlawful under this section for an investigative officer, law enforcement
officer, or other emergency responder to intercept or access geolocation information relating
to a person if the geolocation information is used to respond or provide assistance to a person
if (1) the person requests assistance, or (2) the investigative officer, law enforcement officer,
or emergency responder has reason to believe the person's life or safety is threatened.
new text end

new text begin (e) It is not unlawful under this section for a person to (1) intercept geolocation
information pertaining to the location of another person who has unlawfully taken the device,
and (2) send the geolocation information to the device owner, device operator, or law
enforcement officer if the device the owner or operator authorizes the geolocation information
to be intercepted and sent.
new text end

new text begin (f) It is not unlawful under this section for a government entity or law enforcement
officer to intercept or access geolocation information pursuant to a lawfully issued warrant
or if there is an immediate danger of death or serious physical injury to a person.
new text end

new text begin (g) Except as otherwise provided in this section, it is unlawful for a person to use a
device that tracks the geolocation information of another person to (1) intentionally intercept,
(2) endeavor to intercept, or (3) procure any other person to intercept or endeavor to intercept
geolocation information pertaining to another person without the other person's consent.
new text end

new text begin Subd. 6. new text end

new text begin Remedies. new text end

new text begin (a) In addition to remedies available under law and the remedies
available under section 8.31, an individual whose geolocation information, text messages,
data, camera, or microphone was accessed, recorded, or shared has a cause of action against
the person who violated subdivision 2 or 4, including against (1) an individual who installed
or used an application or device to collect or access the geolocation information of another
person, and (2) the person who provided the software or application and failed to meet the
standards required in subdivision 2, paragraph (a).
new text end

new text begin (b) The court may award the following damages to a prevailing plaintiff from a person
found liable under this section:
new text end

new text begin (1) general and special damages, including any financial losses and damages for mental
anguish suffered by an individual due to being tracked or having the individual's geolocation
information, text messages, data, camera, or microphone accessed by another person; and
new text end

new text begin (2) court costs, fees, and reasonable attorney fees.
new text end