Criminal Justice (Privacy)

HB 2608, the "PEEPS Act," regulates how Tennessee government agencies access historical location data (like cell phone or vehicle tracking records) to protect individual privacy. It requires government officials to obtain a search warrant for most access (except for specific exceptions like vehicle theft reports, emergencies, or traffic enforcement), prohibits sharing or selling this data to private companies, and mandates data destruction within 2-7 days unless preserved for a criminal case. Government entities must also encrypt stored data, maintain detailed access logs, and adopt security policies. This law directly affects all Tennessee government agencies and officials handling location data, while safeguarding the privacy of residents whose data is collected.

SB 2215, the "PEEPS Act," requires Tennessee police and government entities to obtain a search warrant (not a subpoena) before accessing historical location data (more than 24 hours old) in databases, with limited exceptions like vehicle theft reports or traffic enforcement. It prohibits selling or sharing such data with private third parties, mandates data destruction within 2-7 days (or preservation if requested by a criminal defendant), and requires encryption, access logs, and written security policies. This law directly affects police departments, municipal governments, and any agency collecting location data from sources like license plate readers or cell towers, aiming to limit unwarranted surveillance under the Fourth Amendment.