New Jersey A 1923: 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.

Bill Text

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 g