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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 6062 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000982 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COMMERCI AL LAW--GENERAL REGULATORY PROVISION S -- |
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| 16 | 16 | | PRIVACY PROTECTIONS FOR LOCATION INFORMA TION DERIVED FROM |
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| 17 | 17 | | ELECTRONIC DEVICES |
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| 18 | 18 | | Introduced By: Representatives Tanzi, Donovan, Speakman, McGaw, Ajello, Knight, |
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| 19 | 19 | | Stewart, Kislak, Felix, and Cruz |
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| 20 | 20 | | Date Introduced: March 12, 2025 |
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| 21 | 21 | | Referred To: House Innovation, Internet, & Technology |
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| 22 | 22 | | |
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| 23 | 23 | | |
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| 24 | 24 | | It is enacted by the General Assembly as follows: |
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| 25 | 25 | | SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1 |
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| 26 | 26 | | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2 |
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| 27 | 27 | | CHAPTER 61 3 |
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| 28 | 28 | | PRIVACY PROTECTIONS FOR LOCATION INFORMATION DERIVED FROM 4 |
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| 29 | 29 | | ELECTRONIC DEVICES 5 |
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| 30 | 30 | | 6-61-1. Title. 6 |
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| 31 | 31 | | This chapter shall be known and may be cited as the "Privacy Protections for Location 7 |
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| 32 | 32 | | Information Derived from Electronic Devices". 8 |
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| 33 | 33 | | 6-61-2. Definitions. 9 |
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| 34 | 34 | | As used in this chapter: 10 |
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| 35 | 35 | | (1) "Application" means a software program that runs on the operating system of a device. 11 |
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| 36 | 36 | | (2) "Collect" means to obtain, infer, generate, create, receive, or access an individual's 12 |
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| 37 | 37 | | location information. 13 |
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| 38 | 38 | | (3) "Consent" means to freely given, specific, informed, unambiguous, opt-in consent. This 14 |
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| 39 | 39 | | term does not include either of the following: 15 |
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| 40 | 40 | | (i) Agreement secured without first providing to the individual a clear and conspicuous 16 |
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| 41 | 41 | | disclosure of all information material to the provision of consent, apart from any privacy policy, 17 |
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| 42 | 42 | | terms of service, terms of use, general release, user agreement, or other similar document; or 18 |
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| 43 | 43 | | |
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| 44 | 44 | | |
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| 45 | 45 | | LC000982 - Page 2 of 9 |
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| 46 | 46 | | (ii) Agreement obtained through the use of a user interface designed or manipulated with 1 |
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| 47 | 47 | | the substantial effect of subverting or impairing user autonomy, decision making, or choice. 2 |
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| 48 | 48 | | (4) "Covered entity" means any individual, partnership, corporation, limited liability 3 |
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| 49 | 49 | | company, association, or other group, however organized. A covered entity does not include a state 4 |
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| 50 | 50 | | or local government agency, or any court of Rhode Island, a clerk of the court, or a judge or justice 5 |
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| 51 | 51 | | thereof. A covered entity does not include an individual acting in a non-commercial context. A 6 |
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| 52 | 52 | | covered entity includes all agents of the entity. 7 |
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| 53 | 53 | | (5) "Device" means a mobile telephone or any other electronic device that is or may 8 |
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| 54 | 54 | | commonly be carried by or on an individual and is capable of connecting to a cellular, Bluetooth, 9 |
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| 55 | 55 | | or other wireless network. 10 |
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| 56 | 56 | | (6) “Director” means the director of the department of business regulation established 11 |
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| 57 | 57 | | pursuant to § 42-14-1. 12 |
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| 58 | 58 | | (7) "Disclose" means to make location information available to a third party including, but 13 |
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| 59 | 59 | | not limited to, by sharing, publishing, releasing, transferring, disseminating, providing access to, 14 |
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| 60 | 60 | | or otherwise communicating such location information orally, in writing, electronically, or by any 15 |
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| 61 | 61 | | other means. 16 |
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| 62 | 62 | | (8) "Individual" means a person located in the State of Rhode Island. 17 |
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| 63 | 63 | | (9) "Location information" means information derived from a device or from interactions 18 |
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| 64 | 64 | | between devices, with or without the knowledge of the user and regardless of the technological 19 |
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| 65 | 65 | | method used, that pertains to or directly or indirectly reveals the present or past geographical 20 |
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| 66 | 66 | | location of an individual or device within the State of Rhode Island with sufficient precision to 21 |
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| 67 | 67 | | identify street-level location information within a range of one thousand eight hundred fifty feet 22 |
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| 68 | 68 | | (1,850') or less. Location information includes, but is not limited to: 23 |
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| 69 | 69 | | (i) An Internet protocol (IP) address capable of revealing the physical or geographical 24 |
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| 70 | 70 | | location of an individual; 25 |
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| 71 | 71 | | (ii) Global positioning system (GPS) coordinates; and 26 |
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| 72 | 72 | | (iii) Cell-site location information. This term does not include location information 27 |
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| 73 | 73 | | identifiable or derived solely from the visual content of a legally obtained image, including the 28 |
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| 74 | 74 | | location of the device that captured such image, or publicly posted words. 29 |
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| 75 | 75 | | (10) "Location privacy policy" means a description of the policies, practices, and 30 |
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| 76 | 76 | | procedures controlling a covered entity's collection, processing, management, storage, retention, 31 |
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| 77 | 77 | | and deletion of location information. 32 |
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| 78 | 78 | | (11) ''Mobile telephone'' means a handheld or portable cellular, analog, wireless, satellite 33 |
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| 79 | 79 | | or digital telephone, including a telephone with two (2)-way radio functionality, capable of sending 34 |
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| 80 | 80 | | |
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| 81 | 81 | | |
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| 82 | 82 | | LC000982 - Page 3 of 9 |
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| 83 | 83 | | or receiving telephone communications and with which a user initiates, terminates or engages in a 1 |
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| 84 | 84 | | call using at least one hand. For the purposes of this chapter, ''mobile telephone'' shall not include 2 |
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| 85 | 85 | | amateur radios operated by those licensed by the Federal Communications Commission to operate 3 |
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| 86 | 86 | | such radios, or citizen band radios. 4 |
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| 87 | 87 | | (12) "Monetize" means to collect, process, or disclose an individual's location information 5 |
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| 88 | 88 | | for profit or in exchange for monetary or other consideration. This term includes, but is not limited 6 |
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| 89 | 89 | | to, selling, renting, trading, or leasing location information. 7 |
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| 90 | 90 | | (13) "Person" means any natural person. 8 |
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| 91 | 91 | | (14) "Permissible purpose" means one of the following purposes: 9 |
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| 92 | 92 | | (i) Provision of a product, service, or service feature to the individual to whom the location 10 |
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| 93 | 93 | | information pertains when that individual requested the provision of such product, service, or 11 |
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| 94 | 94 | | service feature by subscribing to, creating an account, or otherwise contracting with a covered 12 |
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| 95 | 95 | | entity; 13 |
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| 96 | 96 | | (ii) Initiation, management, execution, or completion of a financial or commercial 14 |
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| 97 | 97 | | transaction or fulfill an order for specific products or services requested by an individual, including 15 |
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| 98 | 98 | | any associated routine administrative, operational, and account-servicing activity such as billing, 16 |
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| 99 | 99 | | shipping, delivery, storage, and accounting; 17 |
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| 100 | 100 | | (iii) Compliance with an obligation under federal or state law; or 18 |
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| 101 | 101 | | (iv) Response to an emergency service agency, an emergency alert, a 911 communication, 19 |
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| 102 | 102 | | or any other communication reporting an imminent threat to human life. 20 |
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| 103 | 103 | | (15) "Process" means to perform any action or set of actions on or with location information 21 |
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| 104 | 104 | | including, but not limited to, collecting, accessing, using, storing, retaining, analyzing, creating, 22 |
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| 105 | 105 | | generating, aggregating, altering, correlating, operating on, recording, modifying, organizing, 23 |
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| 106 | 106 | | structuring, disposing of, destroying, de-identifying, or otherwise manipulating location 24 |
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| 107 | 107 | | information. This term does not include disclosing location information. 25 |
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| 108 | 108 | | (16) "Reasonably understandable" means of length and complexity such that an individual 26 |
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| 109 | 109 | | with an eighth-grade reading level, as established by the department of elementary and secondary 27 |
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| 110 | 110 | | education, can read and comprehend. 28 |
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| 111 | 111 | | (17) "Service feature" means a discrete aspect of a service provided by a covered entity 29 |
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| 112 | 112 | | including, but not limited to, real-time directions, real-time weather, and identity authentication. 30 |
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| 113 | 113 | | (18) "Service provider" means an individual, partnership, corporation, limited liability 31 |
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| 114 | 114 | | company, association, or other group, however organized, that collects, processes, or transfers 32 |
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| 115 | 115 | | location information for the sole purpose of, and only to the extent that such service provider is, 33 |
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| 116 | 116 | | conducting business activities on behalf of, for the benefit of, at the direction of, and under 34 |
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| 117 | 117 | | |
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| 118 | 118 | | |
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| 119 | 119 | | LC000982 - Page 4 of 9 |
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| 120 | 120 | | contractual agreement with a covered entity. 1 |
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| 121 | 121 | | (19) "Third party" means any covered entity or person other than: 2 |
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| 122 | 122 | | (i) A covered entity that collected or processed location information in accordance with 3 |
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| 123 | 123 | | this chapter or its service providers; or 4 |
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| 124 | 124 | | (ii) The individual to whom the location information pertains. This term does not include 5 |
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| 125 | 125 | | government entities. 6 |
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| 126 | 126 | | 6-61-3. Protection of location information. 7 |
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| 127 | 127 | | (a) No covered entity shall collect or process an individual's location information except 8 |
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| 128 | 128 | | for a permissible purpose. Prior to collecting or processing an individual's location information for 9 |
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| 129 | 129 | | one of those permissible purposes, a covered entity shall provide the individual with a copy of the 10 |
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| 130 | 130 | | location privacy policy and obtain consent from that individual; provided, however, that this shall 11 |
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| 131 | 131 | | not be required when the collection and processing is done in: 12 |
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| 132 | 132 | | (1) Compliance with an obligation under federal or state law; or 13 |
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| 133 | 133 | | (2) In response to an emergency service agency, an emergency alert, a 911 communication, 14 |
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| 134 | 134 | | or any other communication reporting an imminent threat to human life. 15 |
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| 135 | 135 | | (b) If a covered entity collects location information for the provision of multiple 16 |
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| 136 | 136 | | permissible purposes, it should be mentioned in the location privacy policy and individuals shall 17 |
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| 137 | 137 | | provide informed consent for each purpose; provided, however, that this shall not be required for 18 |
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| 138 | 138 | | the purpose of collecting and processing location information to comply with an obligation under 19 |
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| 139 | 139 | | federal or state law or to respond to an emergency service agency, an emergency alert, a 911 20 |
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| 140 | 140 | | communication, or any other communication reporting an imminent threat to human life. 21 |
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| 141 | 141 | | (c) A covered entity that directly delivers targeted advertisements as part of its product or 22 |
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| 142 | 142 | | services shall provide individuals with a clear, conspicuous, and simple means to opt out of the 23 |
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| 143 | 143 | | processing of their location information for purposes of selecting and delivering targeted 24 |
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| 144 | 144 | | advertisements. 25 |
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| 145 | 145 | | (d) Consent provided under this section shall expire: 26 |
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| 146 | 146 | | (1) After one year; 27 |
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| 147 | 147 | | (2) When the initial purpose for processing the information has been satisfied; or 28 |
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| 148 | 148 | | (3) When the individual revokes consent, whichever occurs first; provided that, consent 29 |
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| 149 | 149 | | may be renewed pursuant to the same procedures. Upon expiration of consent, any location 30 |
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| 150 | 150 | | information possessed by a covered entity must be permanently destroyed. 31 |
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| 151 | 151 | | (e) No covered entity or service provider that lawfully collects and processes location 32 |
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| 152 | 152 | | information shall: 33 |
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| 153 | 153 | | (1) Collect more precise location information than necessary to carry out the permissible 34 |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | LC000982 - Page 5 of 9 |
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| 157 | 157 | | purpose; 1 |
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| 158 | 158 | | (2) Retain location information longer than necessary to carry out the permissible purpose; 2 |
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| 159 | 159 | | (3) Sell, rent, trade, or lease location information to third parties; 3 |
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| 160 | 160 | | (4) Derive or infer from location information any data that is not necessary to carry out a 4 |
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| 161 | 161 | | permissible purpose; or 5 |
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| 162 | 162 | | (5) Disclose, cause to disclose, or assist with or facilitate the disclosure of an individual's 6 |
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| 163 | 163 | | location information to third parties, unless such disclosure is: 7 |
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| 164 | 164 | | (i) Necessary to carry out the permissible purpose for which the information was collected; 8 |
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| 165 | 165 | | or 9 |
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| 166 | 166 | | (ii) Requested by the individual to whom the location data pertains. 10 |
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| 167 | 167 | | (f) No covered entity or service providers shall disclose location information to any federal, 11 |
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| 168 | 168 | | state, or local government agency or official unless: 12 |
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| 169 | 169 | | (1) The agency or official serves the covered entity or service provider with a valid warrant 13 |
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| 170 | 170 | | or establishes the existence of exigent circumstances that make it impracticable to obtain a warrant; 14 |
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| 171 | 171 | | (2) Disclosure is mandated under federal or state law; or 15 |
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| 172 | 172 | | (3) The data subject requests such disclosure. 16 |
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| 173 | 173 | | (g) A covered entity shall maintain and make available to the data subject a location privacy 17 |
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| 174 | 174 | | policy, which shall include, at a minimum, the following: 18 |
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| 175 | 175 | | (1) The permissible purpose for which the covered entity is collecting, processing, or 19 |
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| 176 | 176 | | disclosing any location information; 20 |
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| 177 | 177 | | (2) The type of location information collected, including the precision of the data; 21 |
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| 178 | 178 | | (3) The identities of service providers with which the covered entity contracts with respect 22 |
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| 179 | 179 | | to location data; 23 |
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| 180 | 180 | | (4) Any disclosures of location data necessary to carry out a permissible purpose and the 24 |
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| 181 | 181 | | identities of the third parties to whom the location information could be disclosed; 25 |
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| 182 | 182 | | (5) Whether the covered entity's practices include the internal use of location information 26 |
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| 183 | 183 | | for purposes of targeted advertisement; 27 |
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| 184 | 184 | | (6) The data management and data security policies governing location information; 28 |
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| 185 | 185 | | (7) The retention schedule and guidelines for permanently deleting location information. 29 |
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| 186 | 186 | | (h) A covered entity in lawful possession of location information shall provide notice to 30 |
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| 187 | 187 | | individuals to whom that information pertains of any change to its location privacy policy at least 31 |
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| 188 | 188 | | twenty (20) business days before the change goes into effect, and shall request and obtain consent 32 |
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| 189 | 189 | | before collecting or processing location information in accordance with the new location privacy 33 |
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| 190 | 190 | | policy. 34 |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | LC000982 - Page 6 of 9 |
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| 194 | 194 | | (i) No government entity shall monetize location information. 1 |
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| 195 | 195 | | 6-61-4. Transparency. 2 |
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| 196 | 196 | | (a) A covered entity shall, on an annual basis, report to the director aggregate information 3 |
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| 197 | 197 | | pertaining to any warrants seeking location information collected and processed by that covered 4 |
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| 198 | 198 | | entity that were received during the preceding calendar year by the entity and, if known, by any 5 |
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| 199 | 199 | | service providers and third parties. The report shall disaggregate orders by requesting agency, 6 |
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| 200 | 200 | | statutory offense under investigation, and source of authority. 7 |
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| 201 | 201 | | (b) Covered entities that are required to regularly disclose location information as a matter 8 |
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| 202 | 202 | | of law shall, on an annual basis, report to the director aggregate information related to such 9 |
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| 203 | 203 | | disclosures. 10 |
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| 204 | 204 | | (c) The director shall develop standardized reporting forms to comply with this section and 11 |
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| 205 | 205 | | make the reports available to the general public online. 12 |
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| 206 | 206 | | 6-61-5. Prohibition against retaliation. 13 |
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| 207 | 207 | | A covered entity shall not take adverse action against an individual because the individual 14 |
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| 208 | 208 | | exercised or refused to waive any of such individual's rights under this chapter, unless location data 15 |
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| 209 | 209 | | is essential to the provision of the good, service, or service feature that the individual requests, and 16 |
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| 210 | 210 | | then only to the extent that such data is essential. This prohibition includes, but is not limited to: 17 |
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| 211 | 211 | | (1) Refusing to provide a good or service to the individual; 18 |
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| 212 | 212 | | (2) Charging different prices or rates for goods or services, including through the use of 19 |
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| 213 | 213 | | discounts or other benefits or imposing penalties; or 20 |
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| 214 | 214 | | (3) Providing a different level or quality of goods or services to the individual. 21 |
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| 215 | 215 | | 6-61-6. Enforcement. 22 |
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| 216 | 216 | | (a) A violation of this chapter or a regulation promulgated under this chapter regarding an 23 |
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| 217 | 217 | | individual's location information constitutes an injury to that individual. 24 |
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| 218 | 218 | | (b) Any individual alleging a violation of this chapter by a covered entity or service 25 |
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| 219 | 219 | | provider may bring a civil action in the superior court or any court of competent jurisdiction; 26 |
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| 220 | 220 | | provided that, venue in the superior court shall be proper in the county in which the plaintiff resides 27 |
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| 221 | 221 | | or was located at the time of any violation. 28 |
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| 222 | 222 | | (c) An individual protected by this chapter shall not be required, as a condition of service 29 |
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| 223 | 223 | | or otherwise, to file an administrative complaint with the director or to accept mandatory arbitration 30 |
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| 224 | 224 | | of a claim arising under this chapter. 31 |
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| 225 | 225 | | (d) In a civil action in which the plaintiff prevails, the court may award: 32 |
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| 226 | 226 | | (1) Actual damages, including damages for emotional distress, or five thousand dollars 33 |
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| 227 | 227 | | ($5,000) per violation, whichever is greater; 34 |
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| 228 | 228 | | |
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| 229 | 229 | | |
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| 230 | 230 | | LC000982 - Page 7 of 9 |
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| 231 | 231 | | (2) Punitive damages; and 1 |
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| 232 | 232 | | (3) Any other relief including, but not limited to, an injunction or declaratory judgment, 2 |
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| 233 | 233 | | that the court deems to be appropriate. 3 |
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| 234 | 234 | | (e) The court shall consider each instance in which a covered entity or service provider 4 |
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| 235 | 235 | | collects, processes, or discloses location information in a manner prohibited by this chapter or a 5 |
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| 236 | 236 | | regulation promulgated under this chapter as constituting a separate violation of this chapter or 6 |
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| 237 | 237 | | regulation promulgated under this chapter. In addition to any relief awarded, the court shall award 7 |
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| 238 | 238 | | reasonable attorneys' fees and costs to any prevailing plaintiff. 8 |
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| 239 | 239 | | (f) Any provision of a contract or agreement of any kind, including a covered entity's terms 9 |
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| 240 | 240 | | of service or policies including, but not limited to, the location privacy policy, that purports to 10 |
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| 241 | 241 | | waive or limit in any way an individual's rights under this chapter including, but not limited to, any 11 |
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| 242 | 242 | | right to a remedy or means of enforcement, shall be deemed contrary to state law and shall be void 12 |
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| 243 | 243 | | and unenforceable. 13 |
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| 244 | 244 | | (g) No private or government action brought pursuant to this chapter shall preclude any 14 |
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| 245 | 245 | | other action under this chapter. 15 |
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| 246 | 246 | | 6-61-7. Non-applicability. 16 |
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| 247 | 247 | | This chapter shall not apply to location information collected from a patient by a healthcare 17 |
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| 248 | 248 | | provider or healthcare facility, or collected, processed, used, or stored exclusively for medical 18 |
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| 249 | 249 | | education or research, public health or epidemiological purposes, healthcare treatment, health 19 |
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| 250 | 250 | | insurance, payment, or operations, if the information is protected from disclosure under the federal 20 |
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| 251 | 251 | | Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), as amended, 21 |
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| 252 | 252 | | or other applicable federal and state laws and regulations. 22 |
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| 253 | 253 | | 6-61-8. Regulations. 23 |
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| 254 | 254 | | (a) The department of the business regulator shall: 24 |
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| 255 | 255 | | (1) Promulgate rules and regulations for the implementation, administration, and 25 |
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| 256 | 256 | | enforcement of this chapter; 26 |
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| 257 | 257 | | (2) Gather facts and information applicable to the attorney general's obligation to enforce 27 |
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| 258 | 258 | | this chapter and ensure its compliance; 28 |
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| 259 | 259 | | (3) Conduct investigations for possible violations of this chapter; 29 |
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| 260 | 260 | | (4) Refer cases for criminal prosecution to the appropriate federal, state, or local 30 |
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| 261 | 261 | | authorities; and 31 |
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| 262 | 262 | | (5) Maintain an official Internet website outlining the provisions of this chapter. 32 |
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| 263 | 263 | | 6-61-9. Location information collected before effective date. 33 |
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| 264 | 264 | | Within six (6) months after the effective date of this chapter, covered entities shall obtain 34 |
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| 265 | 265 | | |
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| 266 | 266 | | |
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| 267 | 267 | | LC000982 - Page 8 of 9 |
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| 268 | 268 | | consent in accordance with the provisions of § 6-61-3 for any location information collected, 1 |
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| 269 | 269 | | processed, and stored before such effective date, and shall permanently destroy any location 2 |
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| 270 | 270 | | information for which they have not obtained consent. 3 |
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| 271 | 271 | | SECTION 2. This act shall take effect upon passage. 4 |
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| 272 | 272 | | ======== |
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| 273 | 273 | | LC000982 |
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| 274 | 274 | | ======== |
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| 275 | 275 | | |
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| 276 | 276 | | |
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| 277 | 277 | | LC000982 - Page 9 of 9 |
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| 278 | 278 | | EXPLANATION |
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| 279 | 279 | | BY THE LEGISLATIVE COUNCIL |
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| 280 | 280 | | OF |
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| 281 | 281 | | A N A C T |
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| 282 | 282 | | RELATING TO COMMERCI AL LAW--GENERAL REGULAT ORY PROVISIONS -- |
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| 283 | 283 | | PRIVACY PROTECTIONS FOR LOCATION INFORMA TION DERIVED FROM |
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| 284 | 284 | | ELECTRONIC DEVICES |
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| 285 | 285 | | *** |
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| 286 | 286 | | This act would establish a new chapter for privacy protections for location information 1 |
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| 287 | 287 | | derived from electronic devices. The department of the business regulation would be responsible 2 |
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| 288 | 288 | | for promulgating rules and regulations to implement, administer, and enforce this chapter. 3 |
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| 289 | 289 | | This act would take effect upon passage. 4 |
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| 290 | 290 | | ======== |
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| 291 | 291 | | LC000982 |
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| 292 | 292 | | ======== |
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