Bill > A02565

This bill, titled the New York Electronic Communications Privacy Act (NYECPA), establishes new rules for how government agents and agencies can access electronic information. Essentially, it requires law enforcement to obtain a search warrant before they can physically or electronically access information stored on or transmitted by electronic devices, such as smartphones or computers. The bill defines various terms like "electronic communication" (information sent via electronic means), "electronic device" (any device storing or transmitting electronic data), and "electronic information" (which includes both communication and device data). It outlines specific circumstances under which warrants are required, including for accessing data from service providers or directly from devices, and also details exceptions for emergencies where there's a danger to life or safety. The bill also mandates that law enforcement agencies provide notice to individuals whose electronic information is accessed, though this notice can be delayed in certain situations to avoid jeopardizing an investigation. Finally, it requires law enforcement to submit annual reports to the Attorney General detailing their use of these powers, which will then be published to ensure transparency.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A2565