Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits commercial mobile service providers from disclosing customer’s global positioning system data to third parties.
CURRENT VERSION OF TEXT
As reported by the Senate Economic Growth Committee on December 9, 2019, with amendments.
An Act concerning commercial mobile service providers and global positioning system data and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Commercial mobile service" means a type of mobile telecommunications service as defined in subsection (d) of section 332 of the Communications Act of 1934 (47 U.S.C. s.332(d)).
“Commercial mobile service provider” or “provider” means an individual, proprietorship, partnership, corporation, association, or other legal entity that provides commercial mobile service on a mobile device.
“Customer” means an individual within this State who provides, either knowingly or unknowingly, GPS data to a commercial mobile service provider in the course of using the provider’s service on a mobile device.
“Disclose” means to release, transfer, share, disseminate, make available, sell, or otherwise communicate by any means to a third party a customer’s GPS data.
“Global positioning system data” or “GPS data” means a customer’s physical location information collected by a global positioning system on a mobile device that is accessible to a commercial mobile service provider.
“Mobile device” means wireless telecommunications device that is capable of collecting a customer’s GPS data.
“Third party” means an individual, proprietorship, partnership, corporation, association, or other legal entity that may knowingly or willfully disclose a customer’s GPS data. 1[“Third party” shall not include a legal entity that provides a mobile application or website to customers to which the customer has given consent to access the customer’s GPS data.]1
2. a. A commercial mobile service provider that provides commercial mobile service to a customer shall not disclose the customer’s global positioning system data to a third party 1, unless the customer has given consent for the third party to access the customer’s GPS data.
b. A third party that accesses a customer’s GPS data pursuant to subsection a. of this section shall not sell the GPS data in any case, and shall disclose the GPS data otherwise only as necessary to effectuate the purpose for which consent was given1.
1[b.] c.1 The provisions of subsection a. of this section shall not apply to a commercial mobile service provider 1or a third party1 required to disclose a customer’s GPS data to comply with applicable federal or State law, regulation, law enforcement investigation, legal process, or court order.
3. It shall be an unlawful practice and violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a commercial mobile service provider 1or a third party1 to disclose a customer’s GPS data 1[pursuant to] in violation of1 section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. This act shall take effect immediately.