Minnesota Senate Bill SF4040

Minnesota 2023-2024 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

Government entities request or obtaining of reverse-location information prohibition, use of reverse location information in a court action prohibition, and court order issued by court to obtain reverse location data prohibition

Impact

If enacted, SF4040 would create significant changes in how reverse-location data is treated under Minnesota law. The bill establishes a civil cause of action for individuals whose identifying information is unlawfully obtained by government entities. Victims of such violations could file lawsuits seeking damages, which could be seen as a powerful tool for holding government entities accountable. This introduces a protective mechanism for citizens against potential data privacy violations and emphasizes accountability within governmental practices.

Summary

Senate File 4040 is a legislative proposal aimed at strengthening privacy protections by prohibiting government entities from requesting or obtaining reverse-location information. The bill outlines various restrictions, including barring the use of reverse-location data in criminal actions and preventing courts from issuing orders to obtain such information. The intent behind this bill is to safeguard individuals' data from governmental overreach, ensuring that personal identifiable information obtained without a proper warrant cannot be used in legal contexts.

Contention

The proposal may face contention from law enforcement and government agencies who argue that restricting access to reverse-location data could hinder criminal investigations and public safety efforts. There are concerns about balancing the need for effective law enforcement against the imperative of protecting civil liberties. Opponents of the bill might also point to situational exceptions or emergencies, suggesting that there should be flexibility in how data can be obtained during crises.

Notable_points

SF4040 also emphasizes that evidence derived from any reverse-location data obtained in violation of the proposed provisions would not be admissible in court, further enhancing the protection of personal data. The bill proposes specific definitions for what constitutes a reverse-location request and the permissible conditions under which data may be considered admissible, addressing potential gray areas in existing law and reinforcing the integrity of personal privacy.