The proposed "Electronic Information and Data Privacy Act" introduces 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 "law enforcement agency." The bill requires law enforcement agencies to obtain a search warrant based on probable cause to access electronic information, including location data and stored information from electronic devices, with specific exceptions for warrantless access, such as owner consent, emergencies, or if the device is reported stolen.

Additionally, the bill prohibits law enforcement agencies from using, copying, or disclosing electronic information or data that is not the subject of the warrant, and mandates that such information be destroyed in an unrecoverable manner as soon as reasonably possible after collection. It also requires law enforcement to notify individuals about the existence of warrants and the nature of investigations within a specified timeframe, with provisions for delayed notification under certain circumstances.

The act amends existing laws regarding the use of electronic communication services by law enforcement, ensuring that service providers are not held liable for complying with warrants issued under the new provisions. It establishes a framework for excluding records obtained in violation of the law, treating them as if they were obtained in violation of constitutional protections. The bill expands definitions related to surveillance technologies, such as pen registers and "stingray" devices, requiring law enforcement to obtain a court order for their use. This emphasizes judicial oversight and aims to enhance privacy protections for individuals while balancing law enforcement needs. The act will take effect upon passage.