HF 103

as introduced - 94th Legislature (2025 - 2026) Posted on 02/17/2025 04:13pm

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, chapter 626A.

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

Section 1.

new text begin [626A.45] REVERSE-LOCATION AND REVERSE-KEYWORD DATA.
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" has the meaning given in section 13.02, subdivision 7a.
new text end

new text begin (c) "Reverse-keyword court order" means a 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 the
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" means a request, in the absence of a court order, by a
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 the 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" means a court order, including a search warrant or
subpoena, compelling the disclosure of records or information pertaining to the location of
unspecified electronic devices or the devices' 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 the location is measured by global positioning system coordinates, cell tower
connectivity, Wi-Fi positioning, or other forms of location detection.
new text end

new text begin (f) "Reverse-location request" means a request, in the absence of a court order, by a
government entity for the voluntary provision of records or information pertaining to the
location of unspecified electronic devices or the devices' 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 the location is measured by global positioning system
coordinates, cell tower connectivity, Wi-Fi positioning, or other forms of location detection.
new text end

new text begin (g) "Sudden emergency" means any of the following events for which the governor has
declared a peacetime emergency under section 12.31:
new text end

new text begin (1) an act of nature;
new text end

new text begin (2) a technological failure or malfunction;
new text end

new text begin (3) a terrorist incident;
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new text begin (4) an industrial accident; or
new text end

new text begin (5) a hazardous materials accident.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on requests. new text end

new text begin (a) Except in the event of a sudden emergency, 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 a 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 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 information or data obtained through a
reverse-location request or a reverse-keyword request;
new text end

new text begin (5) seek the assistance of an agency of the federal government or an agency of the
government of another state or subdivision of that state to obtain 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
the information under this section; or
new text end

new text begin (6) enforce, assist with the enforcement of, or otherwise honor a reverse-keyword court
order, reverse-location court order, reverse-location request, or reverse-keyword request
issued in another state.
new text end

new text begin (b) No court shall issue a reverse-keyword court order or reverse-location court order,
or enforce, assist with the enforcement of, or otherwise honor a reverse-keyword court order
or reverse-location court order issued in another state except in the event of a sudden
emergency.
new text end

new text begin (c) The failure of a government entity or individual acting on behalf of a government
entity to comply with a reverse-keyword court order, reverse-location court order,
reverse-location request, or reverse-keyword request issued in or originating from Minnesota
or any other state must not be the basis for contempt under section 588.01.
new text end

new text begin Subd. 3. new text end

new text begin Evidence derived from 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 in violation of this section, shall be admissible in a 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

new text begin Subd. 4. new text end

new text begin Civil action. new text end

new text begin (a) A person whose name or other identifying information was
obtained by a government entity in violation of this section 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) A person whose name or other identifying information was obtained by a government
entity in violation of this section may bring a civil action against the government entity and
the court may award the following relief:
new text end

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;
new text end

new text begin (3) injunctive or declaratory relief;
new text end

new text begin (4) attorney fees and costs to a prevailing plaintiff; and
new text end

new text begin (5) any other relief the court deems necessary.
new text end

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