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Legislative News and Views - Rep. Joe Atkins (DFL)

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Rep. Atkins Introducing Minnesota Location Privacy Act of 2014

Monday, February 24, 2014

St. Paul, Minnesota — State Representative Joe Atkins (DFL – Inver Grove Heights) is introducing the Minnesota Location Privacy Act of 2014, a bill that would require government entities — agencies, law enforcement — to obtain search warrants before accessing location information of an electronic device. Senator Branden Peterson (R – Andover) will be the chief author of the bill in the Senate and the bill has bipartisan co-authors.

 

“Nearly every Minnesotan carries some mobile device with them every day and we need to make sure that the location data of innocent people is not subject to unreasonable or unchecked searches by government,” said Rep. Atkins. “Times have changed and we use our mobile devices for location services all the time. We need to make sure our laws catch up with the times.”

 

A search warrant would only be issued if the government entity showed probable cause that the person who possesses the device is committing, has committed, or is about to commit a felony level offense.

 

A warrant would not be required if the electronic device is reported lost or stolen by the owner, in order to respond to the user’s call for emergency services, with the consent of the owner or user of the electronic device, with the consent of the legal guardian or kin if the owner is believed to be deceased or reported missing, or in emergency situations that involve the risk of death or serious physical harm to a person who possesses an electronic device.

 

A search warrant for location data could not exceed 60 days and while an extension could be granted, it too could not exceed another 60 days.

 

Notice must also be given to the owner or user of the electronic device whose location data was obtained within three days. The notice could be delayed for no more than 10 days if there is reason to believe the notice could have an adverse effect — danger to the life or physical safety or an individual, flight from prosecution, destruction or tampering with evidence, intimidation of potential witnesses, or serious jeopardy to an investigation or undue delay of a trial.

 

States across the country have been pursuing similar legislation. Location tracking has come under scrutiny in Minnesota in recent weeks over cell phone tracking devices owned by Hennepin County and the Bureau of Criminal Apprehension.

 

“Unlike some issues at the Capitol, there isn’t a partisan divide on this bill,” added Rep. Atkins. “There are a lot of people on both sides of the aisle working together on this legislation, and I’m hopeful we can get something passed this year.”

 

The bill will be formally introduced on February 25, the first day of the 2014 Legislative Session. The full text of the bill can be found here.