House passes using cell phones to find missing persons

The House passed a bill that would require cell phone companies to disclose the call locations of persons believed to be in imminent danger.

Sponsored by Rep. Sheldon Johnson (DFL-St. Paul), HF2639 would enable law enforcement personnel to track down a missing person using their mobile phone. Passed 133-0 by the House, it now goes to the Senate, where Sen. Yvonne Prettner Solon (DFL-Duluth) is the sponsor.

The bill stems from the case of Kansas teenager Kelsey Smith, who was abducted and killed in 2007. Following her initial disappearance, and after several days of bureaucratic wrangling, Smith’s parents were able to compel her cell phone provider to track down her location using call data from her phone.

The bill states that in emergency situations involving risk of death or serious physical harm, law enforcement agencies may request a person’s call data from a cell phone service provider, and the provider must comply. It also states that providers cannot be sued for disclosing information as long as they are acting in good faith and at the behest of law enforcement.

Rep. Mary Liz Holberg (R-Lakeville) successfully amended the bill to add several privacy protections. The amendment states that law enforcement agencies must treat cell phone location data as private information, and must rescind their request for call data if they discover the cell phone user is not in imminent danger.