HF 4436

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:23am

A bill for an act
relating to commerce; prohibiting geolocation and smart phone monitoring of
another in certain circumstances; providing a cause of action to individuals when
their geological information and other smart phone data has been recorded or
shared by another; 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] SMART PHONE MONITORING.
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 any information generated by or derived in whole
or in part from the operation or use of an electronic communications device and 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
any other 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 the home, business, or billing address of the individual; or any component parts
of the addresses alone.
new text end

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

new text begin Subd. 2. new text end

new text begin Smart phone monitoring; prohibitions. new text end

new text begin (a) Smart phone 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
it is displayed as an icon that can be found by a reasonable person. Software or applications
that track or record geolocation information, allow saved or stored texts to be read by another
remote user, or allow 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 of installation, seven
days after installation, and every 30 days after installation. 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 smart phone of another individual that allows the collection,
recording, sharing, or distribution of geolocation information, microphone or camera data,
or texts of the other individual.
new text end

new text begin (d) Nothing in this section prevents an individual from installing software or an
application on a smart phone that allows the individual to share the individual's own
geolocation information or that allows a user to authorize a software application access the
microphone or camera on the individual's own smart phone. Nothing in this section prevents
an application or software from being locked so an employee or child cannot remove or
alter the software to secure the smart phone's location.
new text end

new text begin Subd. 3. new text end

new text begin Smart phone 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 smart phone 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 smart
phone;
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 smart phone to an employee
and given the employee written notice that geolocation information is collected; and
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 or camera or data pursuant to a court order or
warrant, or access by law enforcement authorized by state or federal law.
new text end

new text begin Subd. 4. new text end

new text begin Remedies. new text end

new text begin (a) In addition to any remedies available under law and the remedies
available under section 8.31, an individual whose geolocation information, text, data, camera,
or microphone was accessed, recorded, or shared has a cause of action against the person
who violated the provision of subdivision 2, including against (1) an individual who installed
or used an application to collect the geolocation information of another, 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 subdivision 2:
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, texts, data, camera, or microphone accessed by another; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to smart
phone software and applications installed or used on or after that date.
new text end