Senate Bill No. introduced by D. Emrich establishes the "Electronic Data Ownership Act," which aims to clarify the ownership and management of electronic data created by individuals. The bill stipulates that individuals possess ownership rights over their electronic data, which includes various forms of digital communications and personal information. It mandates that anyone holding such data must do so in trust for the individual and outlines that ownership of electronic data is non-descendible in cases of intestate succession. Upon the death of the data owner, the data must be permanently deleted unless the deceased had designated another person to inherit it. The bill also prohibits contracts of adhesion that require individuals to forfeit their data without fair compensation.

Additionally, the bill imposes strict regulations on the sale and disclosure of electronic data, particularly to the federal government. It requires express consent from the individual before their data can be sold or provided to third parties, including government entities, with exceptions only for subpoenas or search warrants. The bill also includes provisions for individuals to seek legal recourse if their data is improperly sold or disclosed, allowing for damages and attorney fees. Furthermore, it amends existing privacy laws to enhance protections against unauthorized disclosure of electronic data by financial institutions.

Statutes affected:
LC Text: 32-6-105
SB0453_1(1): 32-6-105
SB0453_1(2): 32-6-105
SB0453_1(3): 32-6-105
SB0453_1(4): 32-6-105
SB0453_1(5): 32-6-105
SB0453_1: 32-6-105