Purpose of the Bill

The bill aims to regulate the collection and sharing of geolocation and smartphone data in Minnesota. It sets restrictions on monitoring an individual's location or accessing their smartphone’s features without consent.

Main Provisions

• Geolocation and Smartphone Monitoring Restrictions: The bill prohibits the unauthorized collection, recording, sharing, or distribution of an individual's geolocation information and other smartphone data such as texts, microphone, and camera data.
• Consent and Authentication Requirements: Applications that track or share such data must appear conspicuously on the device, require two-factor authentication upon installation and periodically thereafter, and accurately record the user’s identity.
• Exceptions:
  • Monitoring a minor child by their parents or guardians.
  • Monitoring by schools or employers who provide smartphones with written notice.
  • Collection of data by law enforcement under a court order or legal requirement.
  • Interception of location data in case of emergencies or threats to life.

Significant Changes to Existing Law

• Legal Recourse: Individuals whose data has been accessed or shared without consent can sue for damages, which may include financial losses and compensation for mental anguish. Courts can also award attorney and court fees.
• Service Providers’ Obligations: Service providers offering geolocation services to the public cannot engage in service observing or random monitoring outside of necessary mechanical checks.

Relevant Terms

geolocation, smartphone monitoring, data sharing, two-factor authentication, law enforcement, parental control, legal recourse, privacy protection, unauthorized access, emergency response