A bill for an act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.(See HF 2677.)
Impact
The implications of HSB743 are substantial. It formalizes the requirement of a search warrant for acquiring reverse-location information, thereby introducing legal safeguards against potential abuse of surveillance powers by law enforcement agencies. The bill specifically outlines the need for a detailed warrant application that must include a map of the geofence, a description of the crime scene, and the justification for why such information is critical to the investigation. This requirement could reduce instances of overreach in the use of technology in law enforcement.
Summary
House Study Bill 743 establishes protocols for the acquisition of reverse-location information by law enforcement and governmental entities in criminal investigations. The bill requires that such information can only be obtained through a judicially issued search warrant when the investigation is concerning a violent felony and there is an imminent, ongoing threat to public safety. This is aimed at safeguarding individual privacy by ensuring that law enforcement cannot arbitrarily collect data without due legal process.
Reporting
Additionally, the bill mandates that law enforcement agencies report annually to the general assembly starting in 2027, detailing the usage of reverse-location warrants. This element introduces a degree of transparency and accountability, ensuring that the community remains informed of law enforcement practices related to location data acquisition and reinforcing the intended protections against misuse.
Contention
Notable points of contention may arise concerning the balance between public safety and privacy rights. While proponents of the bill argue it upholds civil liberties by restricting unwarranted governmental surveillance, critics may express concern that the stringent requirements could hinder law enforcement's ability to promptly respond to urgent threats. There may also be discussions on what constitutes an 'imminent threat' and how this threshold is determined, leaving room for potential ambiguity and differing interpretations, which could affect law enforcement practice and effectiveness.
Replaced by
A bill for an act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.(Formerly HSB 743.)
A bill for an act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.(Formerly HSB 743.)
Prohibiting certain covered entities and service providers from collecting and processing location information of individuals without consent; providing for enforcement by Attorney General; establishing a private right of action; and prescribing penalties.
Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.
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.
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.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.