SB97: SB97 Eavesdropping; limitations regarding the use of electronic monitoring devices; provide

Georgia's eavesdropping and surveillance law (O.C.G.A. § 16-11-62) already bans secretly placing a GPS tracker on someone's car if that person has a protective order against the person planting it. This bill adds a broader rule: it would be illegal for anyone to secretly place, or direct someone else to place, any electronic monitoring device to track a person's physical location without that person's lawful consent, regardless of whether a protective order exists. The bill carves out several exceptions. Tracking is still allowed when the vehicle or aircraft's owner, lessor, lessee, or lienholder has consented, when U.S. military personnel are doing their official duties, when a parent, legal guardian, or someone acting in that role tracks a child or dependent under 21 or an incapacitated person, when a mobile phone or data provider locates a vehicle's operator or passenger, or when the device was installed by the vehicle or aircraft's manufacturer. The bill also renumbers the existing catch-all clause covering similar privacy-invading acts to include this new paragraph.

• Adds a new criminal prohibition making it unlawful to secretly place, or direct someone to place, an electronic monitoring device to track a person's location without that person's consent.
• Creates five exceptions to the new tracking ban covering vehicle owner consent, military duties, parental or guardian tracking of minors or dependents, phone location services, and manufacturer-installed devices.
• Leaves in place the existing ban on secretly placing a GPS device on someone's vehicle when a protective order is in effect against the person doing the placing.
• Renumbers the law's existing catch-all provision covering similar privacy-invading acts to account for the new paragraph.
• Repeals any other Georgia laws that conflict with these changes.

Anyone who uses or considers using a GPS tracker or similar device to monitor another person, including in domestic or personal relationships, parents and guardians of minors or dependents, vehicle owners and lessors, mobile phone service providers, vehicle and aircraft manufacturers, and members of the U.S. military.

Currently Georgia law only bans secret vehicle tracking when a protective order is already in place. This bill would extend criminal liability to secret location tracking of a person more broadly, which could affect situations like tracking a partner, roommate, or acquaintance without their knowledge, while still permitting common uses like parental monitoring or phone-based location services.

• Section 1 rewrites O.C.G.A. § 16-11-62 to add new paragraph (9), banning secretly placing any electronic monitoring device to track a person's location without lawful consent.
• Subparagraph (9)(A) exempts tracking consented to by a vehicle or aircraft's owner, lessor, lessee, or lienholder.
• Subparagraph (9)(B) exempts U.S. military personnel acting in their official duties.
• Subparagraph (9)(C) exempts a parent, legal guardian, or person acting in that role tracking a child or dependent under 21 or an incapacitated individual.
• Subparagraph (9)(D) exempts mobile phone or data providers locating a vehicle's operator or passenger.
• Subparagraph (9)(E) exempts tracking devices installed by the vehicle or aircraft manufacturer.
• The former catch-all paragraph (9), covering similar privacy-invading acts, is renumbered to (10) to reference paragraphs (1) through (9).
• Section 2 repeals any conflicting laws.

1. 2025-02-05Senate Read and Referred (Senate)
2. 2025-02-04Senate Hopper (Senate)

• Ed Setzler (R, SD-037)Primary sponsor

• privacy law
• GPS tracking
• stalking and surveillance
• criminal law
• domestic violence protections