West Virginia 2023 Regular Session

West Virginia House Bill HB2869

Introduced
1/20/23  

Caption

Relating to law enforcement warrant for third party information

Impact

If enacted, HB 2869 would fundamentally reshape how law enforcement interacts with electronic service providers in West Virginia. By imposing a warrant requirement for obtaining third-party information, the bill would ensure that individuals' personal data is not accessed or disclosed without judicial oversight. This potential change could lead to a more robust safeguard of digital privacy rights within the state, aligning with national trends toward greater consumer protections against unwanted governmental intrusion.

Summary

House Bill 2869 aims to amend the Code of West Virginia to require law enforcement agencies to obtain a warrant before disclosing certain third-party information related to subscribers of electronic communication services. Specifically, the bill seeks to protect the privacy of individuals by mandating a warrant for any attempt to access subscriber records, which could include sensitive information such as names, addresses, and payment methods. The intention of the bill is to enhance privacy protections in the digital age, reflecting broader concerns about surveillance and data security.

Sentiment

The general sentiment surrounding HB 2869 appears supportive, particularly among privacy advocates and civil liberties organizations who argue that the bill strengthens essential protections in light of mounting concerns regarding government surveillance. However, there might be apprehension from law enforcement entities who may find the added requirements to obtain a warrant cumbersome and potentially impede their ability to investigate crimes effectively. This divergence in perspective underscores the ongoing tension between privacy rights and public safety.

Contention

Notable points of contention include the balance between effective law enforcement practices and the necessity of protecting individual privacy rights. Advocates for the bill contend that requiring a warrant is a critical step in preventing unmonitored access to personal data, while opponents may argue that such requirements could hinder law enforcement's efficiency. The discussions around this bill reflect a broader societal debate regarding how to safeguard privacy without compromising the ability of law enforcement to operate effectively in a digital landscape.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3005

Relating to law enforcement warrant for third party information

WV HB2909

Relating to law enforcement warrant for third party information

WV HB4541

Relating to law enforcement warrant for third party information

WV S2105

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

WV H7801

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

WV H5361

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

WV S0061

Requires law enforcement agencies to obtain search warrants for electronic information, data, location information and other identifying information of subscribers and customers, except in specified circumstances.

WV H5360

Requires search warrant for electronic information, prohibits stingray cell-site simulators.

WV H7453

Requires search warrant for electronic information, prohibits stingray cell-site simulators.

WV A3462

Requires law enforcement agencies to obtain search warrant prior to accessing telecommunications subscriber's personal information.

Similar Bills

No similar bills found.