In a significant move to enhance personal privacy and safety, Ohio’s Governor recently signed Senate Bill 100 (O.R.C. 2903.216), which will take effect in March 2025. This groundbreaking legislation makes it illegal to install a tracking device or app on someone else’s property without their explicit consent. The bill, which garnered bipartisan support and passed with overwhelming approval, aims to combat the alarming issues of stalking and domestic violence in the state.
Understanding the Law
Under this new law, a “tracking application” is defined as any software that allows a person to remotely monitor the location or movement of another individual or their property. Similarly, a “tracking device” refers to any electronic or mechanical gadget that serves the same purpose, including popular tools like Apple AirTags and Life 360.
Exceptions to the Rule
While SB 100 is a robust measure for protecting individuals, it does include certain exceptions. These exceptions allow specific parties to use tracking devices under certain conditions:
- Law Enforcement: Officers can use tracking devices as part of their official duties.
- Parents and Guardians: A parent or legal guardian can track their minor child if both parents consent, or if one parent has sole custody.
- Caregivers: If a physician certifies that tracking is necessary for the safety of an elderly or disabled person, caregivers can install tracking devices.
- Business Purposes: Individuals acting on behalf of a business for legitimate reasons may also use tracking devices, though private investigators are excluded from this provision.
- Vehicle Owners: Owners or lessees of a vehicle can install tracking devices on their own vehicles.
- Property Owners: Individuals can track property they own or have a contractual interest in, unless they are under a protective order.
Consequences for Violations
Violating this new law is no small matter. Offenders could face a first-degree misdemeanor, which carries penalties of up to six months in jail and a $1,000 fine. For those with a history of violence or stalking, the consequences are even more severe, potentially leading to 18 months in jail, up to five years of probation, and fines reaching $5,000.
Revoking Consent
An important aspect of SB 100 is the treatment of consent. If an individual who previously consented to tracking revokes that consent, the tracking device or app must be removed immediately. Failure to do so constitutes a violation of the law. Additionally, if a person files for divorce or obtains a protection order, it is presumed that consent has been revoked.
Conclusion
Ohio’s Senate Bill 100 represents a crucial step in safeguarding personal privacy and addressing the misuse of technology in stalking and domestic violence cases. By making it illegal to track someone without their consent, the state is taking a firm stand against invasive practices that can lead to serious harm. As we move closer to the law’s implementation, it serves as a reminder of the importance of consent and the need for ongoing discussions about privacy in our increasingly digital world.
Should you have any questions about SB 100 and how it may relate to your case, the attorneys at Joseph & Joseph & Hanna are ready to help. Please contact us at 614.449.8282 to learn how we can help. Our offices are conveniently located in downtown Columbus, OH.