Chapter 644-A: Electronic Device Location Information

In this chapter:

I. "Electronic communication service" means a service that provides users the ability to send or receive wire or electronic communications.

II. "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service, including without limitation a cellular telephone.

III. "Government entity" means a federal, state, or local agency, including but not limited to a law enforcement agency or any other investigative entity, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a federal, state, or local agency. "Government entity" shall not apply to a federal government agency to the extent that federal statute preempts such application.

IV. "Individual" means a natural person.

V. "Location information" means information concerning the location of an electronic device, including both the current location and any prior location of the device that, in whole or in part, is generated, derived from, or obtained by the operation of an electronic device.

VI. "Location information service" means a global positioning service or other mapping or directional information service.

VII. "Owner" means the individual or person having the legal title, claim, or right to an electronic device.

VIII. "Person" means a corporation, trust, estate, partnership, limited liability company, association, firm, or any other legal entity.

IX. "Remote computing service" means computer storage or processing services provided by means of an electronic communication service.

X. "User" means an individual, person, or government entity that uses an electronic device.

I. Except as provided in this chapter, a government entity shall not obtain location information from an electronic device without a warrant issued by a judge based on probable cause and on a case-by-case basis.

II. No government entity shall place, locate, or install an electronic device on the person or property of another, or obtain location information from such an electronic device, without a warrant issued by a judge based on probable cause and on a case-by-case basis.

A government entity may obtain the location information without a warrant:

I. To respond to a call for emergency services, including a request from an E-911 supervisor to an electronic communication service to determine the location of a cellular telephone when the supervisor informs the services that the information is required pursuant to an emergency involving actual or potential death, serious physical injury or major damage to property and the information is needed without delay. Such a request shall not create a cause of action against the E-911 system or employee or the electronic communication service or its employees;

II. With the informed consent of the owner or user of the electronic device concerned, except when the device is known or believed by the owner or user to be in the lawful possession of a third party known to the owner or user;

III. With the informed consent of the parent or foster parent of a minor who is the owner or user, or the legal guardian or next of kin of the owner or user, if the owner or user is believed to be deceased or reported missing and unable to be contacted;

IV. If the government entity reasonably believes that an emergency involving immediate danger of death or serious physical injury to a person requires the disclosure, without delay, of location information concerning a specific person and that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the location information, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires the disclosure without delay;

V. Pursuant to a legally-recognized exception to the warrant requirement;

VI. If the government entity is the owner of the electronic device and has issued it to an employee or it is attached to property owned by the government entity; or

VII. If an alcohol ignition interlock device has been installed in a motor vehicle in compliance with an order issued by a court or the commissioner of the department of safety.

No individual or person shall, without consent, place, locate, or install an electronic device on the person or property of another and obtain location information from such electronic device. No such consent shall be required by the parent, foster parent, or legal guardian of a minor, or by the legal guardian for the subject of his or her guardianship, or for persons under house arrest or probation or parole supervision who are issued ankle bracelets.

This chapter shall not be construed to create a cause of action against a person or its officers, employees, or agents for providing location information to a government entity in accordance with the provisions of this chapter.

I. Any individual acting or purporting to act for or on behalf of a federal, state, or local agency who purposely violates this chapter shall be guilty of a class B misdemeanor.

II. An individual or person who is injured as a result of a violation of this chapter may file a civil action against a government entity, individual, or person that fails to comply with the provisions of this chapter.