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A1923
ASSEMBLY, No. 1923
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblyman Webber, Assemblywoman Dunn, Assemblyman
Freiman, Assemblywomen Haider and Brennan
SYNOPSIS
���� 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.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning commercial mobile service providers
and global positioning system data and supplementing Title 56 of the Revised
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in P.L.��� ,
c.��� (C.����� ) (pending before the Legislature as this bill):
���� "Commercial mobile
service" means a type of mobile telecommunications service as defined in
subsection (d) of section 332 of the Communications Act of 1934 (47 U.S.C.
s.332(d)).
���� �Commercial mobile service
provider� or �provider� means an individual, proprietorship, partnership,
corporation, association, or other legal entity that provides commercial mobile
service on a mobile device.
���� �Customer� means an individual
within this State who provides, either knowingly or unknowingly, GPS data to a
commercial mobile service provider or a mobile device application developer in
the course of using the provider�s service or� the developer�s application on a
mobile device.
���� �Disclose� means to release,
transfer, share, disseminate, make available, sell, or otherwise communicate by
any means to a third party a customer�s GPS data.
���� �Global positioning system
data� or �GPS data� means a customer�s physical location information collected
by a global positioning system on a mobile device that is accessible to a
commercial mobile service provider or a mobile device application developer.
���� �Mobile device� means wireless
telecommunications device that is capable of collecting a customer�s GPS data.
�����
�Mobile device
application� means an application software designed to run on a mobile device,
such as a smartphone or tablet computer.
���� �Mobile device application
developer� or �developer� means any person, including corporate affiliates,
that stores or processes a customer�s GPS data collected by a mobile device
application.
���� �Person� means a natural
person, corporation, association, partnership, or other legal entity.
���� �Third party� means an
individual, proprietorship, partnership, corporation, association, or other
legal entity
that may knowingly or willfully disclose a customer�s GPS data.
���� 2.��� a.� A commercial mobile
service provider that provides commercial mobile service to a customer or a
developer of mobile device applications shall not disclose the customer�s
global positioning system data to a third party, unless the customer has given
consent for the third party to access the customer�s GPS data.
In order
to obtain consent from a customer for a third party to access the customer�s
GPS data, a mobile device application developer shall provide the following
notice in bold typeface to which the customer shall affirmatively elect: �I
agree to allow my location data to be disclosed to a third party.
�
���� b.��� A third party that
accesses a customer�s GPS data pursuant to subsection a. of this section shall
not sell the GPS data in any case, and shall disclose the GPS data otherwise
only as necessary to effectuate the purpose for which consent was given.
���� c.���� The provisions of
subsection a. of this section shall not apply to a commercial mobile service
provider, developer of a mobile device application, or a third party required
to disclose a customer�s GPS data to comply with applicable federal or State
law, regulation, law enforcement investigation, legal process, or court order.
���� 3.��� It shall be an unlawful
practice and violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a commercial
mobile service provider, mobile device application developer, or a third party
to disclose a customer�s GPS data in violation of section 2 of P.L.��� , c. (C. )
(pending before the Legislature as this bill).�������
���� 4.��� The Director of the
Division of Consumer Affairs in the Department of Law and Public Safety shall
promulgate rules and regulations, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the
purposes of P.L.��� , c.��� (C.����� ) (pending before the Legislature as this
bill).
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill prohibits commercial
mobile service providers and mobile device application developers from
disclosing a customer�s global positioning system (GPS) data to a third party,
unless the customer has given consent for the third party to access the customer�s
GPS data. In order to obtain a customer�s consent, the bill requires a mobile
device application developer to provide notice to the customer, who would be
required to affirmatively elect to allow their location data to be disclosed to
a third party. However, the bill provides that these entities would not be
required to obtain a customer�s consent before disclosing any GPS data that is
required to comply with a law or regulation, law enforcement investigation,
legal process, or court order. Under the bill, a third party that accesses a
customer�s GPS data would also be prohibited from selling the customer�s data
in any circumstances. Additionally, the bill provides that the third party may
only disclose the customer�s GPS data as necessary to effectuate the purpose
for which the consent was given. A commercial mobile service provider, mobile
device application developer, or third party that violates the provisions of
this bill would be deemed to violate the State�s consumer fraud act, which may
result in a penalty of not more than $10,000 for the first offense and not more
than $20,000 for each subsequent offense. This bill was pre-filed for
introduction in the 2024-2025 session pending technical review. As reported,
this bill includes the changes required by technical review, which has been
performed