Criminal procedure: privacy.

Plain English Breakdown

The official summary does not provide details on penalties for violating these rules, nor does it specify what happens if an emergency is found to be non-existent.

Privacy Rules for Government Access to Electronic Devices

This law allows government entities to access electronic device information with consent from someone who finds a tracking or surveillance device used without permission and requires these agencies to file an application with the court within three days, explaining why such access was necessary.

What This Bill Does

• Allows government entities to get information from an electronic device if they have specific consent from an individual who found a tracking or surveillance device that was used without their permission.
• Requires government agencies to file an application with a court within three days after obtaining the information, explaining why it was needed.

Who It Names or Affects

• Government agencies
• People who use electronic devices
• Courts

Terms To Know

Electronic device information

Data stored on a phone, computer, or other digital gadget.

Tracking or surveillance device

A tool used to secretly watch someone's movements or activities without their knowledge.

Limits and Unknowns

• The bill does not specify what happens if the court finds that an emergency did not exist.
• It is unclear how this law will be enforced and monitored in practice.

Official Summary Text

AB 358, as amended, Alvarez.
Criminal procedure: privacy.
Existing law, the Electronic Communications Privacy Act, prohibits a government entity from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions. Existing law authorizes a government entity to access electronic device information by means of physical interaction or electronic communication with the device in certain circumstances, including, pursuant to the specific consent of the authorized possessor of the device or if the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires access to the information.
Existing law
requires a government entity that obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, within 3 court days after obtaining the electronic information, to file with the appropriate court an application for a warrant or order setting forth the facts giving rise to the emergency. Existing law requires the court to promptly rule on the application and to destroy all information obtained upon a finding that the facts did not give rise to an emergency or upon rejecting the application on any other ground.
This bill would additionally authorize a government entity to access electronic device information with the specific consent of an individual who locates a tracking or surveillance device, as defined, and the device is reasonably believed to have been used to track or record the individual without their permission.
The bill would require a government entity that obtains information through this method, within 3 court days after obtaining the electronic information, to follow the above process for applying for a warrant or order from a court by setting forth the facts that describe the circumstances and would require the court to promptly rule on the application and order the immediate destruction of all information obtained upon a finding that the facts were not as described.
Existing law authorizes an individual whose information is targeted by a warrant, order, or other legal process, or other specified recipients of a warrant, that is inconsistent with the act or the California or United States Constitution, to petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of
the act or the California or United States Constitution.
This bill would recast the provisions described above to authorize an individual whose information is sought or obtained by a government entity in a manner that is inconsistent with the act or the California or United States Constitution, or other specified recipients of a warrant, order, legal process, request, or demand seeking the individual’s information, to petition a court to void or modify the warrant, order, other legal process, request, or demand to order the destruction of the information.

Current Bill Text

Download Bill PDF