The proposed "Electronic Information and Data Privacy Act" establishes a new chapter in Title 12 of the General Laws, focusing on the privacy of electronic information and data. It defines essential terms such as "electronic communication service," "electronic device," "location information," and "subscriber record." The act requires law enforcement agencies to obtain a search warrant based on probable cause to access electronic data, including location information and stored data, with specified exceptions for emergencies, owner consent, or judicially recognized exceptions to the warrant requirement.
The bill mandates that individuals must be notified within fourteen days if their electronic information has been accessed, unless a court allows a delay for specific reasons, such as endangering safety or jeopardizing an investigation. It also allows law enforcement to obtain certain data without a warrant under specific circumstances, including with the informed consent of the owner or if the information is publicly disclosed.
Additionally, the act enhances protections for electronic communication service providers, ensuring they cannot be held liable for sharing information in good faith reliance on a warrant or under the specified exceptions. It introduces a provision that excludes any electronic records obtained in violation of the established legal framework, treating such violations as breaches of the Fourth Amendment and the Rhode Island Constitution. This act is designed to strengthen individual privacy rights while accommodating law enforcement needs and is set to take effect immediately upon passage.