New Jersey-2016-A4890-Introduced

An Act concerning the collection of geographic location information and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

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):

"Geolocation information" means information that is:

a. not the contents of a communication;

b. generated by or derived from, in whole or in part, the operation of a mobile device, including, but not limited to, a smart phone, tablet, or laptop computer; and

c. sufficient to determine or infer the precise location of that device.

"Geolocation information" shall not include Internet protocol addresses.

"Internet protocol" means a communications protocol that enables an Internet end user to send or receive a communication over the Internet, regardless of whether the communication is voice, data, or video.

"Location-based application" means a software application that collects, uses, or stores geolocation information.

"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized, that own and operates a location-based application. "Private entity" shall not include any governmental agency.

2. a. A private entity shall not collect, use, store, or disclose geolocation information from a location-based application on a person's mobile device in this State unless the private entity first receives the person's affirmative express consent after providing clear, prominent, and accurate notice, as determined by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, that:

(1) informs the person that his or her geolocation information will be collected, used, or disclosed;

(2) informs the person in writing of the specific purposes for which his or her geolocation information will be collected, used, or disclosed; and

(3) provides the person a hyperlink or comparably easily accessible means to access the information specified in this subsection.

b. A private entity may collect, use, or disclose geolocation information from a location-based application on a person's mobile device in this State without receiving affirmative express consent if the collection or disclosure is:

(1) to allow a parent or legal guardian to locate a minor child that is not emancipated;

(2) to allow a court-appointed guardian to locate a legally incapacitated person; or

(3) for the provision of fire, medical, public safety, or other emergency services.

c. A private entity need not obtain a person's affirmative express consent after the person's initial consent as described in subsection a. of this section has been obtained unless the terms previously agreed to under subsection a. of this section are materially changed.

3. A waiver of the requirements of, or an agreement that does not comply with, the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be void and unenforceable.

4. a. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to apply to any State agency, any political subdivision thereof, federal agency, or any contractor, subcontractor, or agent thereof, when working for that State agency, political subdivision thereof, or federal agency.

5. It shall be an unlawful practice and violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a private entity to violate the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. 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).

7. This act shall take effect immediately.

STATEMENT

This bill limits the collection and use of geographic location information.

Under the bill, a private entity is not to collect, use, store, or disclose geolocation information from a location-based application on a person's mobile device in this State unless the private entity first receives the person's affirmative express consent, as determined by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. The bill provides that a private entity may collect, use, or disclose geolocation information from a location-based application on a person's mobile device in this State without receiving affirmative express consent if the collection or disclosure is: to allow a parent or legal guardian to locate a minor child that is not emancipated; to allow a court-appointed guardian to locate a legally incapacitated person; or for the provision of fire, medical, public safety, or other emergency services.

Under the bill, "geolocation information" means information that is: not the contents of a communication; generated by or derived from, in whole or in part, the operation of a mobile device, including, but not limited to, a smart phone, tablet, or laptop computer; and sufficient to determine or infer the precise location of that device. "Geolocation information" is not to include Internet protocol addresses. "Location-based application" means a software application that collects, uses, or stores geolocation information. "Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized, that own and operates a location-based application. "Private entity" is not to include any governmental agency.