Mississippi House Bill HB1138

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Reverse-Location Court Order; regulate and prohibit under certain circumstances.

Impact

The passage of HB 1138 is expected to have significant implications for state laws regarding individual privacy rights and governmental surveillance practices. By barring reverse searches that could potentially infringe on privacy, the legislation effectively aims to safeguard citizens from invasive monitoring techniques that could reveal sensitive personal information without due process. The bill underscores the movement toward more protections for individual rights in the face of increasing technological capabilities and governmental authority. It emphasizes the principle that data unauthorizedly obtained cannot be used in any legal proceeding, strengthening the rights of individuals whose information may be wrongfully pursued or utilized by government agencies.

Summary

House Bill 1138 aims to prohibit governmental entities within the state of Mississippi from utilizing reverse-location court orders, reverse-keyword court orders, reverse-location requests, and reverse-keyword requests. The bill specifically delineates the definitions of these terms while stipulating that no government entity can seek, issue, or utilize such orders or requests to gather information about individuals. This legislative move seeks to protect the privacy rights of citizens against unwarranted government surveillance, reflecting a growing concern over data privacy in the digital age. Under this act, government entities will not be able to mandate the disclosure of records that may identify unnamed persons who searched for specific terms or who were in certain locations at certain times through their electronic devices.

Contention

While proponents of HB 1138 argue that it is a necessary measure to protect citizen privacy and prevent government overreach, detractors may point to potential challenges in law enforcement investigations where such data could aid in solving crimes. The restrictions set forth by the bill could complicate certain investigative techniques that rely on data from electronic devices. Additionally, the bill allows citizens whose information has been wrongfully obtained to instigate civil actions against the government entities responsible; this could lead to increased litigation and raise questions about the balance between public safety and individual rights in the context of law enforcement priorities.