SB 117: "An Act relating to the collection, use, storage, and disclosure of geolocation information; and establishing an unfair trade practice under the Alaska Unfair Trade Practices and Consumer Protection Act."
00 SENATE BILL NO. 117 01 "An Act relating to the collection, use, storage, and disclosure of geolocation 02 information; and establishing an unfair trade practice under the Alaska Unfair Trade 03 Practices and Consumer Protection Act." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 45.48 is amended by adding new sections to read: 06 Article 6A. Geolocation Information Protection. 07 Sec. 45.48.800. Collection, use, storage, and disclosure of geolocation 08 information. Except as provided in AS 45.48.820, a private person may not collect, 09 use, store, or disclose an individual's geolocation information that the private person 10 obtained from a location-based application on the individual's mobile electronic 11 device, unless the private person first provides the individual with written notice under 12 AS 45.48.810 and the individual expressly consents to the disclosure. In this section, 13 "location-based application" means a computer software program that collects, uses, 14 or stores geolocation information.
01 Sec. 45.48.810. Notice requirements. The notice required by AS 45.48.800 02 must 03 (1) be clear, prominent, and accurate; 04 (2) inform the individual that the private person will collect, use, store, 05 or disclose the individual's geolocation information; 06 (3) inform the individual of the specific purposes for which the private 07 person will collect, use, store, or disclose the individual's geolocation information; and 08 (4) provide the individual with a hyperlink or comparable easily 09 accessible means on the Internet to access the individual's geolocation information that 10 the private person collects, uses, stores, or discloses; in this paragraph, "hyperlink" 11 means a highlighted word or picture on an Internet document or page that the 12 individual can click to access the geolocation information. 13 Sec. 45.48.820. Exemptions. (a) A private person may collect, use, store, or 14 disclose an individual's geolocation information without providing the notice required 15 by AS 45.48.800 or receiving the express consent of the individual 16 (1) if the private person is collecting, using, storing, or disclosing the 17 private person's own geolocation information; 18 (2) to allow a parent or other lawful custodian of a minor child to 19 locate the minor child; in this paragraph, 20 (A) "lawful custodian" has the meaning given in AS 11.41.370; 21 (B) "minor child" means a child who is under 18 years of age 22 and whose disabilities of minority have not been removed under AS 09.55.590; 23 (3) to allow a court-appointed guardian to locate an incapacitated 24 person; in this paragraph, "incapacitated person" has the meaning given in 25 AS 13.26.005; or 26 (4) to allow a person to provide fire, medical, public safety, or other 27 emergency services. 28 (b) AS 45.48.800 - 45.48.880 do not apply to utilities that furnish 29 telecommunications services regulated under AS 42.05. In this subsection, 30 "telecommunications" has the meaning given in AS 42.05.990. 31 Sec. 45.48.830. Effect on contracts. A contract that violates AS 45.48.800 -
01 45.48.880 is void and unenforceable. 02 Sec. 45.48.840. Waivers. A person may not waive the provisions of 03 AS 45.48.800 - 45.48.880. A waiver of the provisions of AS 45.48.800 - 45.48.880 is 04 void and unenforceable. 05 Sec. 45.48.850. Violations. If a private person violates AS 45.48.800 - 06 45.48.880, the violation is an unfair or deceptive act or practice under AS 45.50.471 - 07 45.50.561, except that AS 45.50.531 does not apply to the violation; however, the 08 individual whose geolocation information was the subject of the violation may bring a 09 civil action in court to 10 (1) recover liquidated damages of $1,000 or actual damages, 11 whichever amount is greater; and 12 (2) obtain other relief that the court determines is appropriate. 13 Sec. 45.48.860. Relationship to federal law. AS 45.48.800 - 45.48.880 do not 14 apply to a 15 (1) health care provider or other person that is subject to P.L. 104-191 16 (Health Insurance Portability and Accountability Act of 1996) and the regulations 17 adopted under that law; 18 (2) financial institution or an affiliate of a financial institution that is 19 subject to 15 U.S.C. 6801 - 6809 of the Gramm-Leach-Bliley Financial Modernization 20 Act and the regulations adopted under that law. 21 Sec. 45.48.870. Definitions. In AS 45.48.800 - 45.48.880, 22 (1) "geolocation information" means information identifying the 23 geographical location of a person or device by using digital information processed 24 through the Internet; "geolocation information" does not include Internet protocol 25 addresses or the contents of an electronic communication; 26 (2) "Internet" means the combination of computer systems or networks 27 that make up the international network for interactive communications services, 28 including remote logins, file transfers, electronic mail, and newsgroups; 29 (3) "private person" means a person that is not a governmental agency. 30 Sec. 45.48.880. Short title. AS 45.48.800 - 45.48.880 may be cited as the 31 Geolocation Information Protection Act.
01 * Sec. 2. AS 45.50.471(b) is amended by adding a new paragraph to read: 02 (58) violating AS 45.48.800 - 45.48.880 (geolocation information 03 protection).