(1) As used in this section, unless the context otherwise requires: (a) "Actor" means a person who tracks another person through the use of a tracking application or tracking device. (b) "Tracking application" means any software program that permits an actor to remotely determine or track the position or movement of another person or another person's property. (c) "Tracking device" means an electronic or mechanical device that permits an actor to remotely determine or track the position or movement of another person or another person's personal property. (2) (a) A person who was tracked by means of a tracking device or tracking application may bring a claim for damages, including noneconomic loss or injury, against the actor who installed a tracking device on the person's personal property without the person's consent or who caused a tracking device or tracking application to track the position or movement of the person or person's personal property without the person's consent. An actor is liable to the extent the actor's conduct was the proximate cause of the harm caused by the tracking device or tracking application. (b) A person who has given consent for an actor to install a tracking device or tracking application on the consenting person's personal property may revoke the consent at any time and may bring a claim pursuant to this section for tracking that occurred after the person revoked consent. (3) Notwithstanding subsection (2) of this section, a person shall not bring a claim against a law enforcement agency or peace officer for actions taken as part of a criminal investigation; a peace officer acting within the scope of the peace officer's official duties; a public highway authority, created pursuant to part 5 of article 4 of title 43, acting within the scope of its authority to collect tolls; the high performance transportation enterprise created in section 43-4-806 acting within the scope of its authority to collect tolls and enforce toll and safety violations; or a parent or legal guardian of a minor child for tracking the minor child.
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