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 within fourteen days if their electronic information has been accessed, while allowing for delayed notification in certain circumstances that may jeopardize an investigation. It also stipulates that law enforcement agencies may not use, copy, or disclose any information not specified in the warrant, and any information collected must be destroyed in an unrecoverable manner as soon as reasonably possible.

The legislation further addresses the handling of subscriber records, requiring a warrant for access, with exceptions for informed consent or voluntary disclosures by service providers in emergencies. It provides legal protections for electronic communication service providers and remote computing service providers, ensuring they cannot be held liable for sharing information in good faith reliance on a warrant or under specified exceptions. Lastly, the act includes a provision that excludes records obtained in violation of its provisions, treating them as if they were obtained in violation of constitutional rights. This act is set to take effect immediately upon passage.