SF2912

Purpose of the Bill

This bill aims to regulate the monitoring of smartphones, focusing on prohibiting the unauthorized tracking of a person’s geolocation and accessing personal data without consent. It establishes legal recourse for individuals whose data are collected or shared without permission.

Main Provisions

• Consent for Monitoring: The bill requires that any smartphone software or application that can track geolocation, read stored texts, or access the phone’s microphone or camera must be conspicuously identifiable on the device. It must also use two-factor authentication before and after installation to ensure user consent.

• Prohibitions: Individuals are prohibited from installing software on another person’s smartphone that tracks location, records texts, or accesses camera/microphone data without consent. This applies to unauthorized installations and use by third parties.

• Exceptions: There are specific scenarios where tracking is allowed:

  • Parents or legal guardians tracking their minor children.
  • Schools or employers, provided they issue a written notice of monitoring to the concerned individuals.
  • Activities approved by court orders or necessary for law enforcement duties.

Significant Changes to Existing Law

• The bill introduces a legally enforceable requirement for explicit consent and authentication for geolocation tracking software and applications, with exceptions for specific authorized entities.
• Establishes a legal cause of action for individuals whose smartphone data is monitored or shared unlawfully, allowing them to seek damages in court.

Remedies

• Provides legal remedies for violations, including the possibility of recovering financial losses, mental anguish damages, and legal costs from those found liable for unauthorized monitoring.

Relevant Terms

geolocation tracking, smartphone monitoring, data privacy, two-factor authentication, parental consent, legal recourse, unauthorized access, law enforcement exceptions, user consent.