New Jersey Assembly Bill A2419

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24
• Refer: 6/3/24

Caption

Prohibits providers of commercial mobile service and developers of mobile application from disclosing customer's global position system data to third parties under certain circumstances.

Impact

If enacted, A2419 would significantly impact state laws governing consumer data privacy, specifically relating to the handling of GPS data by mobile service providers. The bill would require providers to implement clear consent protocols, which may necessitate changes to current operational procedures and user agreements. Failure to comply with the new regulations would lead providers to face penalties under the state's consumer fraud act, including fines up to $10,000 for initial violations and up to $20,000 for subsequent offenses. This shifts the burden of proof onto providers to ensure they are not misusing consumer location data.

Summary

Assembly Bill A2419 aims to enhance consumer privacy protections by prohibiting commercial mobile service providers and mobile application developers from disclosing a customer's global positioning system (GPS) data to third parties without explicit consent. This legislation intends to address growing concerns regarding the unauthorized use of personal location data collected via mobile devices and applications, emphasizing the importance of user consent in data sharing practices. The bill defines key terms related to commercial mobile services and clearly outlines the responsibilities of providers in obtaining and managing customer consent for data disclosure.

Contention

While the bill has gained support for its consumer protection provisions, there are potential points of contention regarding the balance between user privacy and operational flexibility for mobile services. Critics may argue that the consent requirement could complicate legitimate business practices, particularly for applications that rely on GPS data for operational efficiencies. Additionally, the bill allows for exceptions where consent is not required in the event of compliance with laws or legal processes, which may raise concerns about potential loopholes that could still allow for widespread data sharing under certain circumstances.