1.1 A bill for an act
1.2 relating to state government; prohibiting government entities from requesting or
1.3 obtaining reverse-location information; prohibiting the use of reverse-location
1.4 information from being used in a criminal action; prohibiting a court from issuing
1.5 a court order to obtain reverse-location data; providing a civil cause of action when
1.6 reverse-location data is obtained by a government entity; proposing coding for
1.7 new law in Minnesota Statutes, chapter 626A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [626A.45] REVERSE-LOCATION AND REVERSE-KEYWORD DATA.
1.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1.11the meanings given.
1.12 (b) "Government entity" has the meaning given in section 13.02, subdivision 7a.
1.13 (c) "Reverse-keyword court order" means a court order, including a search warrant or
1.14subpoena, compelling the disclosure of records or information identifying any unnamed
1.15persons, by name or other unique identifier, who electronically searched for a particular
1.16word, phrase, or website or who visited a particular website through a link generated by the
1.17search, regardless of whether or not the order is limited to a specific geographic area or time
1.18frame.
1.19 (d) "Reverse-keyword request" means a request, in the absence of a court order, by a
1.20government entity for the voluntary provision of records or information identifying any
1.21unnamed persons, by name or other unique identifier, who electronically searched for a
1.22particular word, phrase, or website or who visited a particular website through a link
1.23generated by the search, regardless of whether or not the request is limited to a specific
1.24geographic area or time frame.
1Section 1.
25-01276 as introduced01/28/25 REVISOR VH/NS
SENATE
STATE OF MINNESOTA
S.F. No. 1120NINETY-FOURTH SESSION
(SENATE AUTHORS: MAYE QUADE, Lucero and Fateh)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/06/2025
Referred to State and Local Government 2.1 (e) "Reverse-location court order" means a court order, including a search warrant or
2.2subpoena, compelling the disclosure of records or information pertaining to the location of
2.3unspecified electronic devices or the devices' unnamed users or owners, whose scope extends
2.4to an unknown number of electronic devices present in a given geographic area at a given
2.5time, whether the location is measured by global positioning system coordinates, cell tower
2.6connectivity, Wi-Fi positioning, or other forms of location detection.
2.7 (f) "Reverse-location request" means a request, in the absence of a court order, by a
2.8government entity for the voluntary provision of records or information pertaining to the
2.9location of unspecified electronic devices or the devices' unnamed users or owners, whose
2.10scope extends to an unknown number of electronic devices present in a given geographic
2.11area at a given time, whether the location is measured by global positioning system
2.12coordinates, cell tower connectivity, Wi-Fi positioning, or other forms of location detection.
2.13 (g) "Sudden emergency" means any of the following events for which the governor has
2.14declared a peacetime emergency under section 12.31:
2.15 (1) an act of nature;
2.16 (2) a technological failure or malfunction;
2.17 (3) a terrorist incident;
2.18 (4) an industrial accident; or
2.19 (5) a hazardous materials accident.
2.20 Subd. 2.Prohibition on requests.(a) Except in the event of a sudden emergency, no
2.21government entity or individual acting on behalf of the state or a local government agency
2.22or office shall:
2.23 (1) seek from a court a reverse-location court order or a reverse-keyword court order;
2.24 (2) seek, secure, obtain, borrow, or purchase information or data obtained through a
2.25reverse-location court order or a reverse-keyword court order;
2.26 (3) make a reverse-location request or a reverse-keyword request;
2.27 (4) seek, secure, obtain, borrow, or purchase information or data obtained through a
2.28reverse-location request or a reverse-keyword request;
2.29 (5) seek the assistance of an agency of the federal government or an agency of the
2.30government of another state or subdivision of that state to obtain information or data from
2.31a reverse-location court order, reverse-keyword court order, reverse-location request, or
2Section 1.
25-01276 as introduced01/28/25 REVISOR VH/NS 3.1reverse-keyword request if the government entity would be barred from directly seeking
3.2the information under this section; or
3.3 (6) enforce, assist with the enforcement of, or otherwise honor a reverse-keyword court
3.4order, reverse-location court order, reverse-location request, or reverse-keyword request
3.5issued in another state.
3.6 (b) No court shall issue a reverse-keyword court order or reverse-location court order,
3.7or enforce, assist with the enforcement of, or otherwise honor a reverse-keyword court order
3.8or reverse-location court order issued in another state except in the event of a sudden
3.9emergency.
3.10 (c) The failure of a government entity or individual acting on behalf of a government
3.11entity to comply with a reverse-keyword court order, reverse-location court order,
3.12reverse-location request, or reverse-keyword request issued in or originating from Minnesota
3.13or any other state must not be the basis for contempt under section 588.01.
3.14 Subd. 3.Evidence derived from data.Except as proof of a violation of this section, no
3.15record or information obtained, accessed, or otherwise secured in violation of this section,
3.16nor any evidence derived in violation of this section, shall be admissible in a criminal, civil,
3.17administrative, or other proceeding. For the purposes of this section, a record, information,
3.18or evidence is derived from a reverse-location court order, reverse-keyword court order,
3.19reverse-location request, or reverse-keyword request where the government entity or
3.20individual acting on behalf of a government agency or office would not have originally
3.21possessed the information or evidence but for the violative court order or request and,
3.22regardless of any claim that the record, information, or evidence is attenuated from the
3.23unlawful order or request, would inevitably have been discovered, or was subsequently
3.24reobtained through other means.
3.25 Subd. 4.Civil action.(a) A person whose name or other identifying information was
3.26obtained by a government entity in violation of this section shall be notified of the violation
3.27in writing. The notification must come from the government entity who committed the
3.28violation or who employs the individual who committed the violation and include the legal
3.29recourse available to that person under paragraph (b).
3.30 (b) A person whose name or other identifying information was obtained by a government
3.31entity in violation of this section may bring a civil action against the government entity and
3.32the court may award the following relief:
3.33 (1) $1,000 per violation or actual damages, whichever is greater;
3Section 1.
25-01276 as introduced01/28/25 REVISOR VH/NS 4.1 (2) punitive damages consistent with section 549.191;
4.2 (3) injunctive or declaratory relief;
4.3 (4) attorney fees and costs to a prevailing plaintiff; and
4.4 (5) any other relief the court deems necessary.
4.5 (c) An action filed pursuant to this section may be commenced (1) in the county in which
4.6the individual alleging damage or seeking relief resides, or (2) in the county wherein the
4.7political subdivision exists or, in the case of the state, any county.
4Section 1.
25-01276 as introduced01/28/25 REVISOR VH/NS