This bill proposes the addition of a new section, 62-1A-12, to the Code of West Virginia, which mandates that law enforcement agencies must obtain a warrant before disclosing certain third-party information, specifically subscriber records from providers of electronic communication services or remote computing services. The bill defines "subscriber record" to include various personal details such as name, address, telephone connection records, length of service, type of service used, and payment information. It establishes that, except for specific exceptions, law enforcement cannot obtain, use, copy, or disclose these records without a warrant.

The bill outlines several exceptions where a warrant is not required, including instances where the subscriber has given informed consent, in accordance with judicial exceptions to warrant requirements, or if the information is publicly disclosed by the subscriber. Additionally, it allows for disclosure without a warrant in emergency situations involving imminent risks to individuals or if the information pertains to the commission of certain crimes. The bill also provides immunity for service providers who act in good faith reliance on the terms of a warrant or in accordance with the outlined exceptions.

Statutes affected:
Introduced Version: 62-1A-12