Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Assemblywoman Vainieri Huttle, Assemblyman Rooney, Assemblywoman Timberlake, Assemblymen Webber, Mejia, Assemblywomen Quijano and DiMaso
SYNOPSIS
Prohibits commercial mobile service providers from disclosing customer’s global positioning system data to third parties.
CURRENT VERSION OF TEXT
As introduced.
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. “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.
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.
b. The provisions of subsection a. of this section shall not apply to a commercial mobile service provider 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 to disclose a customer’s GPS data pursuant to 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.
STATEMENT
This bill prohibits commercial mobile service providers from disclosing a customer’s global positioning system (GPS) data to third parties. The bill defines “third party” to mean an individual, proprietorship, partnership, corporation, association, or other legal entity that may knowingly or willfully disclose a customer’s GPS data. “Third party” is not to 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.
The provisions of the bill are not to apply to a commercial mobile service provider 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.
The bill provides that a violation of the bill’s requirements is a violation of the State’s consumer fraud act, which may result in a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.