HB 16-1213 Summary

• Creates a private civil right of action for individuals against another person who uses any device to intentionally capture photographs, sound recordings, or digital images without consent when the person has a reasonable expectation of privacy.

• Requires the intrusion to be unreasonably offensive or objectionable and must cause emotional distress to the victim in order to sustain a claim.

• Exempts government agencies acting within statutory authority, devices operated under valid Federal Aviation Administration authorization, and business or professional activities using devices only for reasonable work-related tasks.

• Declares that emerging technological devices pose a significant threat to individual privacy and that additional legal protections are necessary to prevent their misuse.

• Takes effect 90 days after final adjournment of the general assembly (August 10, 2016), unless subject to a successful referendum petition requiring voter approval in November 2016.