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A 2419

Requires consideration of union made commodities and services in the awarding of certain procurement contracts

2025 Regular Session Introduced by Pat Burke and 4 co-sponsors

New Jersey A2419 requires explicit opt-in consent for any third-party disclosure of a user’s GPS data by carriers or apps; prohibits data sales and imposes up to $10k/$20k penalties.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · A 2419

Summary of Assembly Bill A 2419 (New Jersey)

Title and Purpose

  • Official title: An Act concerning commercial mobile service providers and global positioning system data and supplementing Title 56 of the Revised Statutes.
  • Purpose: To restrict the disclosure of customers’ GPS data by commercial mobile service providers and mobile device application developers to third parties, requiring affirmative customer consent and imposing penalties for violations. The bill aims to enhance privacy protections for GPS/location data collected via mobile devices and apps.

Key Provisions

  • Definitions (scope of terms used in the bill):

    • “Commercial mobile service” and “commercial mobile service provider” (CMRS provider) as defined by federal law.
    • “GPS data” and “customer” located in New Jersey.
    • “Mobile device,” “mobile device application,” and “mobile device application developer.”
    • “Disclose” to include release, transfer, sharing, sale, or other communication of GPS data to a third party.
    • “Third party” includes any entity that may disclose GPS data to others.

  • Consent-Based Disclosure:

    • CMRS providers and mobile device app developers shall not disclose a customer’s GPS data to a third party absent customer consent.
    • To obtain consent, the app developer must provide a bold-type notice: “I agree to allow my location data to be disclosed to a third party,” and the customer must affirmatively elect.
    • The requirement for consent does not apply to disclosures needed to comply with federal or state law, regulation, law enforcement, legal process, or court order.

  • Third-Party Restrictions:

    • A third party that accesses GPS data with consent may not sell the data, and may disclose it only as necessary to fulfill the purpose for which consent was given.

  • Unlawful Practices:

    • Any disclosure in violation constitutes an unlawful practice under New Jersey’s consumer protection laws (unlawful practice under C.56:8-1 et seq.).

  • Rulemaking:

    • The Director of the Division of Consumer Affairs must promulgate regulations under the Administrative Procedure Act to implement the act.

  • Effective Date:

    • The act is effective immediately upon enactment.

Who Would Be Affected

  • Commercial Mobile Service Providers (e.g., carriers providing mobile service in NJ).
  • Mobile Device Application Developers (and their corporate affiliates) that process GPS data from mobile devices.
  • Third Parties that may be granted access to GPS data with customer consent.
  • Customers/Users in New Jersey whose location data is collected by mobile devices or apps.

Enforcement and Penalties

  • Violations would be treated as consumer fraud violations.
  • Penalties: up to $10,000 for the first offense and up to $20,000 for each subsequent offense.

Legislative History and Context

  • Introduced: January 9, 2024 (Assembly).
  • Status: Referred to Governmental Operations (as of January 16, 2025; previously referred to Assembly Consumer Affairs and other committees in 2024).
  • Committee/Support: Reported favorably by the Assembly Consumer Affairs Committee (June 3, 2024).
  • Sponsors: Harvey Epstein (primary), Dana Levenberg, Patrick Burke, Karines Reyes, Philip Ramos (cosponsors).
  • Related/Companion Bills: S 3638 (companion); S 4387 (companions); A 3244 (prior-session).

Practical Considerations and Implications

  • Strengthens user privacy by requiring explicit opt-in for third-party access to GPS data and prohibiting sale by third parties.
  • Imposes compliance costs on CMRS providers and app developers to implement consent mechanisms and privacy notices.
  • Provides a robust enforcement channel via the state’s consumer protection framework with defined monetary penalties.
  • Immediate effectiveness means existing practices would be subject to the new requirements upon enactment.

Note: The bill’s original context in the prompt mentions a procurement-related theme, but the documents provided detail a GPS data privacy bill (A 2419) in New Jersey. This summary reflects the content and provisions of the GPS data bill as introduced and subsequently reported.

Compiled from official sources — confirm details with the bill’s official record.

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