Wisconsin Senate Bill SB890

Wisconsin 2023-2024 Regular Session

• Introduced: 1/5/24
• Refer: 1/5/24
• Report Pass: 2/8/24
• Failed: 4/15/24

Caption

Emergency communications device location information.

Impact

This legislation is intended to enhance public safety by expediting access to crucial information during emergencies. By providing clear guidelines for when emergency information can be disclosed, SB890 aims to facilitate faster law enforcement responses in critical situations. However, it raises questions about the balance between necessary law enforcement access to location data and the implications for consumer privacy. The bill's immunity clause further protects providers from civil and criminal liability when complying with these requests, which simplifies their compliance process but may raise concerns regarding accountability.

Summary

Senate Bill 890 seeks to amend existing laws concerning the disclosure of a wireless communications device's location information during emergencies. The bill allows wireless communications providers to disclose location information to law enforcement without a warrant if the customer consents or if the provider believes in good faith that there is an emergency situation involving the danger of death or serious physical injury. Additionally, it requires providers to maintain a database of emergency contact information and share it with the Department of Justice, which will distribute it quarterly to law enforcement agencies and public safety answering points.

Contention

Critics of SB890 voice concerns regarding the potential overreach of law enforcement and the erosion of privacy protections for individuals. The broader implications of allowing law enforcement to access sensitive data without warrants could lead to misuse or abuse of power, especially in situations not deemed as clear emergencies. The changes brought by the bill may set a precedent for future legislation that further diminishes necessary checks on law enforcement authority over personal data.