06 SB456/CSFA/2
Senate
Bill 456
By:
Senators Wiles of the 37th and Shafer of the 48th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to invasions of privacy, so as to define a certain term; to
provide that it shall be unlawful to disseminate telephone records of mobile
telephone usage without the express consent of the subscriber; to provide that
it shall be unlawful for an officer, employee, agent, or other person affiliated
with a mobile telephone service provider to disseminate telephone records; to
provide exceptions for such dissemination; to provide that it shall be unlawful
to buy or otherwise obtain telephone records; to provide for penalties; to
provide an exception; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating
to invasions of privacy, is amended by inserting at the end thereof a new Code
section to read as follows:
"16-11-70.
(a)
As used in this Code section, the term 'telephone record' means information
retained by a provider of mobile telephone service that relates to the telephone
number dialed by the subscriber of such mobile telephone service, the incoming
number of calls directed to the subscriber, or other data related to the calls
typically contained on a
subscribeŕs
telephone bill, including without limitation the time the call started and
ended, the duration of the call, the time of day the call was made, and any
charges applied; provided, however, that information collected and retained by,
or on behalf of, a subscriber utilizing caller identification or other similar
technology shall not constitute a telephone record.
(b)
It shall be unlawful for any person other than a provider of mobile telephone
service or its officers, employees, affiliates, agents, independent contractors,
or representatives to sell or otherwise disseminate to any person, including
without limitation a person purporting to be the mobile telephone service
subscriber, a telephone record of the subscriber without the express written
consent of the mobile telephone service subscriber.
(c)
It shall be unlawful for any officer, employee, affiliate, agent, independent
contractor, representative, or any other person affiliated with a mobile
telephone service provider to sell or otherwise disseminate to any person other
than an affiliate, agent, or representative of the mobile telephone service
provider a
subscribeŕs
telephone record without the express written consent of the mobile telephone
service subscriber; provided, however, that such information may be provided to
such subscriber in the normal course of business.
(d)
It shall be unlawful for any person other than the mobile telephone service
subscriber to purchase or otherwise obtain from any person a telephone record of
that subscriber.
(e)
Violation of subsection (a), (b), or (c) of this Code section shall constitute a
felony punishable by imprisonment for a period not to exceed ten years or a fine
not to exceed $100,000.00 or both. Each violation of this Code section shall
constitute a separate offense.
(f)
The provisions of this Code section shall not apply to telephone records
disclosed to:
(1)
A law enforcement agency in connection with the performance of the official
duties of that agency pursuant to a subpoena or a search warrant;
or
(2)
A mobile telephone service provider or an officer, employee, affiliate, agent,
independent contractor, or representative of a mobile telephone service
provider, in the course of:
(A)
Testing the security procedures or systems of the mobile telephone service
provider that maintain the confidentiality of customer information;
or
(B)
Investigating an allegation of misconduct or negligence on the part of an
officer, employee, affiliate, agent, independent contractor, or representative
of the mobile telephone service provider.
(3)
A court or party to a lawsuit pursuant to a subpoena on properly filed notice to
produce in such lawsuit.
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.