Rhode Island Senate Bill S0396

Rhode Island 2023 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Electronic Information And Data Privacy Act

Impact

The bill seeks to place clear restrictions on how law enforcement can obtain and use electronic data, thus ensuring greater accountability and transparency in the collection of personal information. By requiring warrants, S0396 aligns with constitutional protections against unreasonable search and seizure, echoing Fourth Amendment rights. It also reinforces the notion that privacy should be upheld in the digital age, where personal data is often stored and transmitted electronically. This change could significantly impact how law enforcement agencies operate, potentially requiring more thorough justification and oversight before accessing individuals’ private information.

Summary

S0396, also known as the Electronic Information and Data Privacy Act, aims to enhance the privacy rights of individuals regarding their electronic information and data. This bill mandates that law enforcement agencies must obtain a search warrant to access electronic information, which includes location data, stored data, and transmitted data from electronic devices, in order to conduct criminal investigations or prosecutions. Exceptions are defined, allowing access to such data without a warrant under specific emergency conditions, such as imminent threats to life or risk of human trafficking.

Contention

However, the bill may face contention from various stakeholders, particularly in law enforcement and security sectors, where concerns may arise about the ability to respond swiftly in dangerous situations. Critics may argue that requiring a warrant could hinder timely investigations, especially in cases where immediate access to data is critical, such as in instances of abduction or imminent threats. Discourse around the bill may also center on balancing individual privacy rights against public safety concerns, making it a focal point in ongoing discussions about civil liberties in the face of modern technology.