This bill, H.F. No. 2313, introduced in the Minnesota House of Representatives, seeks to regulate smartphone monitoring and geolocation tracking. It establishes restrictions on the collection, sharing, and recording of geolocation information, text messages, and smartphone data without the device owner's consent.

Key Provisions:

1. Prohibition on Unauthorized Tracking

   • Smartphone applications that allow geolocation sharing, text message access, microphone or camera access must be clearly displayed and conspicuous.
   • These applications must require two-factor authentication upon installation, after seven days, and then every 30 days.

2. Prohibited Actions

   • It is illegal to install or use applications that track another individual’s geolocation, access their messages, or use their camera/microphone without consent.
     
   • Exceptions are made for parents/guardians monitoring minor children, schools, employers (with written notice), and law enforcement with a court order or warrant.

3. Allowed Tracking Under Certain Conditions

   • Law enforcement, investigative officers, and emergency responders may track geolocation under specific emergency situations.
     
   • The bill also allows tracking in cases of stolen devices, foreign intelligence surveillance, and employer-issued smartphones.

4. Legal Remedies for Violations

   • Individuals harmed by unauthorized tracking or data access can sue violators.
     
   • Potential damages include compensation for financial losses, mental anguish, court costs, and attorney fees.

Purpose:

The bill aims to protect individual privacy by preventing unauthorized smartphone monitoring and geolocation tracking while allowing necessary tracking for legal, safety, and parental oversight purposes.

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