Bill

Bill > SB282


MT SB282

Limit state government use of personal electronic data


summary

Introduced
02/06/2025
In Committee
03/05/2025
Crossed Over
03/04/2025
Passed
05/05/2025
Dead
Signed/Enacted/Adopted
05/08/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT GENERALLY REVISING SEARCH AND SEIZURE LAWS RELATED TO THE ABILITY OF THE STATE AND LOCAL GOVERNMENT TO OBTAIN AND USE ELECTRONIC COMMUNICATIONS AND RELATED MATERIAL AND STORED DATA OF AN ELECTRONIC DEVICE; PROHIBITING GOVERNMENTAL ENTITIES FROM OBTAINING ELECTRONIC COMMUNICATIONS AND RELATED MATERIAL EXCEPT BY A SEARCH WARRANT; LIMITING THE ADMISSIBILITY OF STORED DATA OF AN ELECTRONIC DEVICE OBTAINED IN VIOLATION OF STATUTE; CLARIFYING TO WHOM A REQUEST ISSUED BY A GOVERNMENTAL ENTITY MAY BE DISCLOSED; AND AMING SECTIONS 46-5-112 AND 46-5-602, MCA.

AI Summary

This bill strengthens privacy protections by significantly limiting how state and local government agencies can obtain and use personal electronic data. The legislation prohibits governmental entities from purchasing various types of sensitive electronic information, including electronic communications, geolocation data, customer network information, and other personal digital data, except through a court-issued search warrant or investigative subpoena. The bill amends existing Montana law to clarify that electronic data can only be obtained under specific circumstances, such as with the owner's consent, during an emergency involving potential danger, or through judicially recognized exceptions to warrant requirements. Importantly, the bill establishes that any evidence obtained in violation of these new restrictions is inadmissible in civil, criminal, or administrative proceedings and cannot be used to obtain future search warrants. The legislation provides narrow exceptions, such as allowing data collection for undercover law enforcement operations, emergency services responses, and within correctional facilities. Additionally, the bill mandates that electronic communications collected during investigations must be deleted after the investigation and all appeals are concluded, further protecting individuals' privacy rights by preventing prolonged retention of personal digital information.

Committee Categories

Justice

Sponsors (1)

Last Action

Chapter Number Assigned (on 05/08/2025)

bill text


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