Worried about deep fakes, spies or stalkers? House Bill 45 has your back!
We live in an era of rapidly advancing technology. Often, this progress comes with increasing threats to individual privacy.
To address these emerging threats, Rep. John Hodgson, R-Louisville, has filed House Bill 45.
Overall, this bill aims to protect your privacy from various forms of surveillance and data collection technologies. It establishes limits on how law enforcement and other entities can use these technologies and grants individuals legal recourse in cases of privacy violations.
Here's a summary of the key points:
1. Automated License Plate Readers (ALPRs):
Law enforcement agencies and other entities using ALPRs can only retain captured data for 30 days, except in specific cases like felony investigations or subpoena requests.
Selling or sharing ALPR data is prohibited, and access is restricted to law enforcement and subpoena requests.
2. Unmanned Aircraft Systems (UAS):
Generally, using UAS to gather evidence or information is prohibited, with exceptions for:
Counterterrorism with specific authorization.
Search warrants.
Imminent danger situations.
Licensed businesses and professions (with limitations).
Utility maintenance and inspections.
Aerial mapping and cargo delivery (compliant with FAA regulations).
Capturing images for safe UAS operation.
Individuals whose property is captured by UAS without their consent can seek legal remedies, including damages and injunctive relief.
3. Deep Fakes:
Creating or disseminating deep fakes of individuals without their express written consent is prohibited.
Violators can be held liable for damages, injunctive relief, and attorney's fees.
Exceptions exist for specific situations like criminal investigations, public interest reporting, and artistic purposes with disclosure.
4. Identification Devices:
Requiring or coercing anyone to implant an identification device is prohibited.
Individuals implanted without consent can sue for damages and injunctive relief.
5. Dissemination of Deep Fakes as a Felony:
Intentionally disclosing or threatening to disclose deep fakes with malicious intent or potential for harm is a Class D felony.
6. Amendments to Tracking Device Laws:
Expands the definition of "tracking device" and clarifies unlawful use, including:
Installing on vehicles or persons without consent.
Tracking individuals or vehicles without consent.
Exceptions for vehicle navigation, emergency assistance, missing vehicle services, and parental tracking of minors.
Amidst the breakneck pace of tech development, we appreciate Rep. Hodgson’s forward-thinking approach to protecting privacy rights.