Bill > S01531

This bill creates the New York Electronic Communications Privacy Act (NYECPA), which establishes comprehensive regulations for government access to electronic devices and communications. The bill requires law enforcement agencies and officers to obtain a search warrant before accessing electronic device information or electronic communication information, with limited exceptions for emergencies involving imminent danger, specific consent from device owners, or situations where a device is believed to be lost or stolen. The legislation provides detailed definitions for key terms like "electronic device," "electronic communication," and "electronic information," and outlines strict procedural requirements for obtaining and using such information. Key provisions include mandating that warrants must describe the information sought with particularity, requiring law enforcement to notify targets of warrants within a specified timeframe, and establishing a mechanism for individuals to challenge improper information gathering. The bill also requires annual reporting to the Attorney General about the use of these electronic information search powers, including details like the number of times information was sought, types of information obtained, and instances of information sharing. Additionally, the bill provides protections for service providers and creates a framework for suppressing evidence obtained in violation of these new privacy protections.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1531