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 where a warrant is not necessary, such as in cases of stolen devices, with the owner's informed consent, or under judicially recognized exceptions to the warrant requirement.

Additionally, the act mandates that law enforcement notify the owner of the device or data within fourteen days of executing a warrant, while allowing for delayed notification in certain circumstances if it may endanger life, cause flight from prosecution, lead to evidence destruction, intimidate witnesses, or jeopardize an investigation. The act 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 bill further stipulates that law enforcement agencies may not obtain, use, copy, or disclose subscriber records or other identifying information from providers of electronic communication or remote computing services without a warrant, except under specific conditions such as informed consent or voluntary disclosure by the provider in emergencies. It provides legal protections for providers of electronic communication and remote computing services, ensuring they cannot be held liable for sharing information in good faith reliance on a warrant or under the specified exceptions.

Lastly, the legislation 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 aims to enhance individual privacy rights while balancing law enforcement needs and is set to take effect immediately upon passage.