SB 282: Limit state government use of personal electronic data - Montana

SB0282_3(11).pdf → SB0282_X.pdf · 5 edits

MODERATE

This bill significantly strengthens privacy protections by prohibiting government entities from purchasing electronic communications, stored data, and specific sensitive information (like precise geolocation and pseudonymous data) without a search warrant. It clarifies that evidence obtained through these unauthorized purchases is inadmissible in court and updates existing statutes to align with modern digital privacy standards.

Scope change

The bill expands the scope of prohibited data acquisition to include pseudonymous data and precise geolocation data, while explicitly clarifying that the new restrictions do not apply to law enforcement communications with undercover officers or devices found in correctional facilities.

REQUIREMENT

Governmental entities are now explicitly prohibited from purchasing electronic communications, contents of communications, electronic funds transfer info, customer proprietary network info, precise geolocation data, pseudonymous data, or sensitive data without a search warrant or investigative subpoena.

The statute governing electronic data privacy was updated to clarify that warrants are required for stored data, with specific exceptions for consent, undercover communications, public disclosures, emergencies, and correctional facilities.

Requirements for deleting collected electronic communications were added, mandating deletion after the conclusion of investigations, post-conviction, and appeals, or in accordance with data retention laws.

ENFORCEMENT

Evidence obtained in violation of the new purchase prohibition is now explicitly declared inadmissible in civil, criminal, or administrative proceedings and cannot be used to obtain a search warrant.

DEFINITION

The bill incorporates specific definitions for pseudonymous data and precise geolocation data from existing Montana statutes (30-14-2802) into the list of protected information.

SB0282_2(16).pdf → SB0282_3.pdf · 2 edits

MINOR

The bill number was updated from SB 282.2 to SB 282.3, indicating a revision in the legislative process. The primary substantive change is the addition of the word 'AND' to the bill's summary, which suggests that a new section or amendment regarding subscriber records and government disclosure requests is being included. This expansion aims to clarify rules on when and to whom sensitive subscriber records can be shared by government entities.

Scope change

The bill's scope is expanded to include additional clarifications on government entity requests for subscriber records, moving beyond the original text.

REQUIREMENT

Added the word 'AND' to the bill summary, indicating the inclusion of new provisions related to clarifying disclosure rules for government requests.

TECHNICAL

Updated the bill identifier from SB0282.2 to SB0282.3 to reflect the version number change.

SB0282_2(7).pdf → SB0282_2(8).pdf · 3 edits

MINOR

The bill renumbered several data categories (customer proprietary network information, personal data, precise geolocation data, pseudonymous data, and sensitive data) to align with a new statutory order, likely reflecting updated definitions or a reorganization of the data privacy framework. This renumbering ensures consistency with other sections of the law but does not alter the substantive protections or requirements for handling these data types.

Scope change

The scope of the bill remains focused on electronic data privacy and warrant requirements, with no changes to the applicability of the law to government entities or specific data types beyond the renumbering.

DEFINITION

Renumbered data categories from (6) through (11) to (7) through (12) to reflect a reorganization of the statutory definitions.

Adjusted the numbering of exceptions to warrant requirements in subsection (2) to align with the renumbered data categories.

TECHNICAL

Minor formatting adjustments to spacing and line breaks throughout the document.

SB0282_2(3).pdf → SB0282_2(4).pdf · 5 edits

MODERATE

The bill expands the definition of protected data to include precise geolocation and pseudonymous data, while removing sensitive data from the list. It amends search warrant requirements to allow law enforcement to access data without a warrant when using undercover identities or in specific emergency situations, and clarifies that evidence obtained in violation is inadmissible in all proceedings. The bill also clarifies that existing privacy laws do not apply to motor carrier safety programs and adds rules allowing entities to use subpoenas for communications stored on their own internal systems.

Scope change

The bill broadens the scope of protected data types and modifies the circumstances under which government entities can access electronic data without a warrant.

DEFINITION

Added 'precise geolocation data' and 'pseudonymous data' to the list of protected categories, while removing 'sensitive data' from the list.

REQUIREMENT

Added exceptions allowing law enforcement to access data without a warrant when using undercover identities or during emergencies involving danger or death.

Added a provision allowing government entities to use subpoenas to access communications stored on their own internal electronic systems.

ENFORCEMENT

Clarified that evidence obtained in violation of the new privacy rules is inadmissible in civil, criminal, or administrative proceedings.

SCOPE

Explicitly exempted motor carrier safety and hazardous materials programs from the bill's privacy requirements.

SB0282_1(6).pdf → SB0282_2.pdf · 4 edits

MODERATE

The bill was reformatted and renumbered during its legislative journey, but the core policy text remains largely unchanged. The most significant substantive addition is a new exception allowing law enforcement to access electronic data without a warrant when they use a fake or undercover identity to communicate with a device owner. Minor technical edits included adding a word to a title and renumbering a list of restricted data types.

Scope change

The bill's scope is effectively unchanged, though a new exception was added for undercover law enforcement operations.

REQUIREMENT

Added a specific exception allowing law enforcement to obtain stored data without a warrant if they use an undercover or fictitious identity to communicate with the device owner.

TECHNICAL

Added the word 'PURCHASE' to a title line, likely a clerical correction.

Reordered and renumbered a list of data types (customer proprietary network information, personal data, etc.) to fix a formatting error.

Added a space after a comma in a section title.

LC0061.pdf → SB0282_1.pdf · 2 edits

MINOR

The bill was renumbered from LC 0061 to SB 282 and updated with new sponsor names. The core text regarding search and seizure laws remains substantively identical, though minor formatting adjustments were made to the list of prohibited data types and the numbering of subsections within the amended code sections.

Scope change

No change to the scope or applicability of the bill; it continues to regulate how government entities can obtain electronic communications and stored data.

TECHNICAL

The bill number was changed from LC 0061 to SB 282, and the list of sponsors was updated to reflect the current legislative sponsors.

Minor formatting adjustments were made to the line breaks and numbering within the list of prohibited data types and the renumbered code sections.

Limit state government use of personal electronic data

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