Bill > S903

This bill aims to update privacy protections for personal electronic information by establishing new rules for how government entities can obtain such data. It repeals an existing law and amends Chapter 276 of the General Laws to define terms like "adverse result" (which includes danger to life, destruction of evidence, or jeopardy to an investigation), "electronic communication services," "electronic device," "foreign corporation" (defined as an entity contracting with a Massachusetts resident), "location information," "personal electronic records" (which encompass a wide range of user data held by service providers), and "subpoena" (specifically a grand jury or trial subpoena in a criminal case). The bill mandates that government offices or public officials must obtain a valid warrant or subpoena to access personal electronic records, outlining the process for issuing these warrants, including requirements for probable cause and specific descriptions of the records sought. It sets a 14-day timeframe for corporations to provide records, with exceptions for faster production if an "adverse result" would occur, and allows for extensions based on good cause. The bill also includes provisions for corporations to challenge warrants, requires verification of record authenticity, and protects corporations from liability for complying with valid warrants or subpoenas. Furthermore, it mandates that customers be notified about the government's access to their data within seven days, unless a delay is ordered by a court to prevent an "adverse result," with such delays limited to 90 days and potentially extendable. The bill also permits emergency access to data in cases of immediate danger of death or serious physical injury, provided specific documentation and reporting requirements are met. Finally, it establishes a reporting mechanism for judges and court administrators to track warrant and subpoena applications related to electronic records, with annual reports to the legislature, and states that information obtained in violation of these provisions will be inadmissible in legal proceedings.