Soon I will introduce legislation aimed at prohibiting the use of public funds to purchase electronic data without a warrant.

In our increasingly interconnected society, it has become common for law enforcement agencies to acquire information linked to the devices of suspects to assist in their investigations, often bypassing the critical need for judicial approval. This issue, often referred to as the “data broker loophole,” enables organizations across the country to obtain personal information that would typically require a warrant to access. Rather than demonstrating probable cause to a judge, agencies can currently purchase sensitive data such as location histories and other metadata from third-party brokers. These brokers collect extensive information from mobile applications that track users' movements and behaviors, creating detailed records of their daily lives. The types of data gathered include electronic communications, geolocation data, financial transaction records, and various other sensitive details.

My proposed legislation will not eliminate law enforcement’s access to this data but will establish clear guidelines on how it can be obtained. From now on, law enforcement agencies will be required to secure a judge’s approval through a search warrant or obtain consent from the device’s owner before accessing such information.

Considering the lack of federal action on this crucial issue, it is imperative that the Commonwealth take steps to safeguard our residents and their sensitive personal information from being sold to third-party data brokers. I invite you to join me in supporting this important legislation to protect our community’s private rights.