Bill > HB145

This bill aims to prohibit law enforcement and government entities in Delaware from using reverse-location and reverse-keyword searches, which are broad surveillance techniques that can collect personal data from numerous individuals without specific probable cause. The bill defines these searches as court orders or requests that compel the disclosure of location data or search information about an unspecified number of people in a given area or who have searched for a particular term. Specifically, the bill prevents government entities from seeking, obtaining, or reviewing information from such searches, whether through court orders or voluntary requests, and prohibits courts from issuing these types of orders. The legislation also creates a private right of action for individuals whose personal information was obtained through these prohibited searches, allowing them to sue the government entity and potentially receive damages of $1,000 per violation or actual damages, whichever is greater, as well as punitive damages and attorneys' fees. The bill's underlying rationale is to protect citizens' Fourth Amendment rights against general warrants and mass surveillance, addressing concerns about privacy invasion and potential chilling effects on civil liberties like freedom of speech, association, and movement.

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https://legis.delaware.gov/BillDetail?LegislationId=142426