The proposed "Electronic Information and Data Privacy Act" establishes new regulations for law enforcement agencies regarding the handling of electronic information and data. It defines key terms such as "electronic communication service," "electronic device," and "location information." The act mandates that law enforcement must obtain a warrant to access location information, stored data, or transmitted data from electronic devices, with exceptions for consent, emergencies, or stolen devices.
Additionally, the bill requires law enforcement to notify individuals whose electronic information has been accessed within fourteen days, with provisions for delayed notification to protect ongoing investigations. It restricts the use and disclosure of subscriber records obtained without a warrant, enhancing privacy protections for individuals.
The bill amends existing laws by providing immunity to electronic communication service providers and their agents for good faith reliance on warrants issued under the new provisions. It introduces a framework for excluding records obtained in violation of the chapter and expands definitions related to pen registers and trap and trace devices, including the term "stingray" for cell-site simulator devices. Law enforcement must obtain a warrant to use these devices, ensuring their use is limited to specific offenses relevant to ongoing investigations. The act will take effect upon passage, aiming to balance individual privacy rights with law enforcement needs.