Janelle Irwin Taylor
Sen. Jeff Brandes has again filed a bill that would protect individuals’ privacy contained on cell phones and other electronic devices as well as GPS location data. It’s the fourth year Brandes has filed such legislation.
The bill (SB 144) would require a warrant to access electronic information from a person suspected of a crime. A warrant is not currently required to search such electronic data.
The bill covers cell phones and any other electronic devices that connect to the internet including home assistant devices like Amazon’s Alexa, which record audio in order to respond to commands.
Without a warrant or permission from the device’s owner, any information obtained from the device would be inadmissible in court.
The bill language explains the update to search requirements are needed to respond to increases in technology that collect more and more personal data on an individual’s internet searches, personal information, business transactions and other identifying information. Law enforcement are able to use cellular data to gather evidence on a persons’ whereabouts at a certain time or communication with others, which can often be used to aid in criminal investigations.
It’s aimed at protecting innocent people while still providing a means for law enforcement to obtain search warrants through due process.
A similar bill filed last year (SB 470) died in its first committee of reference, Judiciary.
Brandes filed a similar bill (SB 210) two years ago, but it also died in its first committee of reference.
Brandes filed a similar bill two years ago, but it also failed to gain traction.
