Bill > HB2652

This bill creates the Protection of Shared Physical and Digital Property from Warrantless Searches Act, which aims to protect individuals' privacy rights when their personal information is held by third parties. The bill challenges the existing "Third Party Doctrine," which currently allows government access to shared information without a warrant. It defines digital and physical property broadly, including information shared with third parties for goods or services, and establishes strict conditions for government searches. Specifically, government agents must obtain either the property owner's permission or a warrant based on probable cause before searching or seizing any shared property, with only limited exceptions for imminent threats to life or safety. If a government agent conducts an illegal search, any evidence obtained becomes inadmissible in legal proceedings, and the aggrieved person can pursue action under the West Virginia Human Rights Act, potentially recovering damages and attorney's fees. The bill recognizes that modern technological advances have made sharing personal information necessary for accessing services, and seeks to protect individuals' constitutional rights to privacy and security in an increasingly digital world. The law is set to take effect on July 31, 2025, providing time for government agencies and third-party service providers to understand and implement its requirements.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2652&year=2025&sessiontype=RS&btype=bill