Ohio 2023-2024 Regular Session

Ohio House Bill HB91

Caption

Prohibit installing tracking device or app without consent

Impact

If enacted, HB 91 would significantly revise current legal frameworks surrounding the use of tracking devices in Ohio. The new law would make it illegal for individuals to install tracking devices on another person's property without consent, establishing legal protections specifically aimed at preventing invasions of privacy. Moreover, the legislation would clarify scenarios under which consent is considered revoked, such as during divorce proceedings or the issuance of protection orders. This proactive approach intends to empower victims of domestic abuse and stalking, providing them with more robust legal recourse against invasive behaviors.

Summary

House Bill 91 seeks to amend existing Ohio law, specifically section 2903.211 of the Revised Code, to prohibit the installation of tracking devices or applications on another person's property without their explicit consent. The bill emphasizes safeguarding individuals' privacy rights against unauthorized surveillance through tracking technologies. By criminalizing such actions, the bill aims to address concerns over stalking and harassment facilitated by modern tracking capabilities, thereby strengthening personal protections under the law.

Contention

While the bill appears to strengthen protections against privacy violations, notable points of contention have emerged during discussions and hearings. Some legislators raise concerns regarding the implications for law enforcement, suggesting that exceptions must be clearly defined to allow police investigations to continue unimpeded. Additionally, debates have arisen regarding the potential overreach of the law, particularly in its impact on business practices that may involve monitoring employees or assets. Further scrutiny condemns that existing clauses should sufficiently differentiate benign behavior from criminal surveillance to prevent unnecessary criminalization.

Companion Bills

No companion bills found.

Previously Filed As

OH SB100

Prohibit installing tracking device or app without consent

OH H1572

Prohibiting motor vehicle tracking devices without consent

OH H1773

Prohibiting motor vehicle tracking devices without consent

OH H0401

Tracking Devices and Applications

OH H0663

Use of Tracking Devices or Applications to Commit Dangerous Crimes

OH SB801

Prohibits the use of tracking device to track the location or movement of a person without the person's consent. (8/15/10)

OH SB399

Prohibits the use of tracking device to track the location or movement of a person without that person's consent. (8/15/10) (OR SEE FISC NOTE GF RV)

OH SB159

In assault, providing for the offense of unauthorized use of an electronic tracking device; and providing for penalties.

OH HB254

Provides with respect to certain electronic tracking devices (EN INCREASE GF EX See Note)

OH S1106

Prohibits mandatory use of medical devices by minors without informed parental consent.

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