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 key terms such as "electronic communication service," "electronic device," "location information," and "remote computing service." The bill requires law enforcement agencies to obtain a search warrant based on probable cause to access electronic information or data, including location information, stored data, or transmitted data from an electronic device, with specific exceptions for cases such as stolen devices, informed consent from the owner, or in accordance with judicially recognized exceptions to the warrant requirement.
Additionally, the bill mandates that individuals be notified when their electronic information is accessed, requiring notification within fourteen days after the information is obtained, while allowing for delayed notification in certain circumstances to protect ongoing investigations. It also prohibits law enforcement from using, copying, or disclosing information not covered by the warrant and requires the destruction of such information in an unrecoverable manner as soon as reasonably possible.
The act further stipulates that law enforcement agencies may obtain subscriber records and other related information without a warrant under specific conditions, such as with the informed consent of the subscriber or if the information is publicly accessible. It provides legal protections for service providers, ensuring they cannot be held liable for sharing information in good faith reliance on a warrant or under the specified exceptions.
Lastly, the bill introduces a provision that excludes any electronic records obtained in violation of the established legal framework, treating such violations as breaches of constitutional rights. This act is set to take effect immediately upon passage.