This bill establishes regulations regarding the disclosure of customers' global positioning system (GPS) data by commercial mobile service providers and mobile application developers. It prohibits these entities from sharing GPS data with third parties unless the customer has explicitly consented to such disclosure. To obtain consent, mobile application developers must provide a clear notice in bold typeface, requiring customers to affirmatively agree to allow their location data to be shared. The bill also stipulates that third parties accessing this data cannot sell it and may only disclose it as necessary to fulfill the purpose for which consent was granted.
Additionally, the bill outlines that the requirement for consent does not apply when disclosure is mandated by federal or state law, law enforcement investigations, legal processes, or court orders. Violations of these provisions would be considered unlawful practices under the state's consumer fraud act, potentially resulting in penalties of up to $10,000 for the first offense and $20,000 for subsequent offenses. The bill aims to enhance consumer privacy regarding GPS data while balancing the need for compliance with legal obligations.