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," and "location information." The bill requires law enforcement agencies to obtain a search warrant based on probable cause to access location information, stored data, or transmitted data from electronic devices, with exceptions for circumstances such as consent from the device owner, emergencies, or if the device is reported stolen.
Additionally, the act mandates that law enforcement notify the owner of the electronic device or data within fourteen days of executing a warrant, while allowing for delayed notification in certain circumstances if it may endanger safety, cause flight from prosecution, lead to evidence destruction, intimidate witnesses, or jeopardize an investigation.
The bill also stipulates that law enforcement agencies may not obtain, use, copy, or disclose subscriber records or other identifying information from providers of electronic communication services or remote computing services without a warrant, except under specific conditions such as informed consent or judicial exceptions.
Furthermore, the legislation provides legal protections for providers of electronic communication services, ensuring they cannot be held liable for sharing information in good faith reliance on a warrant or under specified exceptions. It introduces a provision that excludes records obtained in violation of the established rules, treating them as if they were obtained in violation of the Fourth Amendment. This act aims to enhance privacy rights and due process in the collection of electronic data and is set to take effect immediately upon passage.