Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.
Impact
The significance of SB1659 lies in its impact on privacy and surveillance laws in Texas. By requiring a warrant for the search of location information, it strengthens personal privacy protections against potential governmental overreach. It aims to ensure that the state cannot unilaterally access personal tracking information without sufficient cause, thereby curtailing the potential for unauthorized surveillance of citizens.
Summary
Senate Bill 1659 mandates that any governmental entity wishing to search location information purchased from data brokers or electronic personal data trackers must first obtain a warrant. This bill is an amendment to the Code of Criminal Procedure, specifically addressing the conditions under which law enforcement can access such sensitive information. It introduces clear definitions regarding data brokers and electronic personal data trackers, categorizing them based on the nature of their data collection processes and the consent of users.
Contention
The bill has stirred discussions around privacy rights versus law enforcement needs. Proponents argue that safeguarding individual privacy is paramount, especially in an era where data is traded extensively. Conversely, some law enforcement officials express concerns that the warrant requirement could hinder their ability to effectively gather evidence in urgent situations. The deliberation over this balance underscores ongoing tensions in legislative arenas regarding privacy rights and public safety.
Implementation
If enacted, SB1659 will only apply to searches conducted on or after the effective date, which is set for September 1, 2025. It includes provisions on the duration and sealing of warrants related to prospective location information, establishing a framework for police protocols when dealing with such sensitive data. This aspect of the bill is particularly crucial for ensuring that law enforcement agencies remain accountable when handling civilian data.
Relating to certain restrictions on the use of personally identifiable information pertaining to a public school student by an operator or educational entity.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
Relating to the protection of personally identifiable student information and the use of covered information by an operator or educational entity; authorizing a civil and administrative penalty.
Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.
Relating to a program for the recycling of electronic equipment of consumers and certain other entities in this state; providing administrative penalties.