PRINTER'S NO. 437
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
401
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, THOMAS AND McCARTER,
FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2015
AN ACT
Requiring a government entity to obtain a search warrant prior
to obtaining location information of an electronic device;
providing for exceptions; and imposing a civil penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Protecting
Pennsylvanians' Privacy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic communication service." A service that provides
users of the service with the ability to send or receive wire or
electronic communications.
"Electronic device." A device that enables access to or use
of an electronic communication service, remote computing service
or location information service.
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"Government entity." A State or local agency, including, but
not limited to, a law enforcement entity or any other
investigative entity, agency, department, division, bureau,
board or commission, or an individual acting or purporting to
act for or on behalf of a State or local agency.
"Location information." Information concerning the location
of an electronic device that, in whole or in part, is generated
or derived from or obtained by the operation of an electronic
device.
"Location information service." A global positioning service
or other mapping, locational or directional information service.
"Remote computing service." Computer storage or processing
services provided by an electronic communications system.
Section 3. Location information privacy.
(a) General rule.--Except as provided in subsection (b), a
government entity may not obtain the location information of an
electronic device without a search warrant issued by a duly
authorized court.
(b) Exceptions.--A government entity may obtain location
information of an electronic device under any of the following
circumstances:
(1) The device is reported stolen by the owner.
(2) To respond to the user's call for emergency
services.
(3) The owner or user of the electronic device gives
informed, affirmative consent.
(4) A life-threatening situation exists.
Section 4. Violations.
Any evidence obtained in violation of this act shall not be
admissible in a civil, criminal or administrative proceeding and
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shall not be used in an affidavit of probable cause in an effort
to obtain a search warrant.
Section 5. Civil penalty.
A violation of this act shall result in a civil fine of not
more than $50.
Section 6. Effective date.
This act shall take effect in 90 days.
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