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 explicit consent is obtained from the customer. To secure this consent, mobile application developers must present a clear notice to customers, requiring them to affirmatively agree to the disclosure. 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, 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 Director of the Division of Consumer Affairs is tasked with creating necessary rules and regulations to implement the bill's objectives.