AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- WARRANTLESS PURCHASES OF PERSONAL DATA -- THE 4TH AMENDMENT IS NOT FOR SALE ACT (Prohibits warrantless purchases of personal data in connection with any criminal, civil, or other investigatory or enforcement activity.)

H8119

2026 -- H 8119
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LC005399
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- WARRANTLESS PURCHASES
OF PERSONAL DATA -- THE 4TH AMENDMENT IS NOT FOR SALE ACT

Introduced By:
Representatives Potter, Knight, Ajello, Morales, Dawson, Batista,
McEntee, Felix, and Place

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Legislative findings. The general assembly finds and declares as follows:
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(1) The Fourth Amendment to the United States Constitution guarantees that “The right of
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the people to be secure in their persons, houses, papers, and effects, against unreasonable searches
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and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported
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by oath or affirmation, and particularly describing the place to be searched, and the persons or
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things to be seized";
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(2) The United States Supreme Court has observed that “Few protections are as essential
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to individual liberty as the right to be free from unreasonable searches and seizures. The Framers
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made that right explicit in the Bill of Rights following their experience with the indignities and
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invasions of privacy wrought by general warrants and warrantless searches that had so alienated
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the colonists and had helped speed the movement for independence. Ever mindful of the Fourth
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Amendment and its history, the Court has viewed with disfavor practices that permit police officers
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unbridled discretion to rummage at will among a person’s private effects.” Byrd v. United States,
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138 S. Ct. 1518, 1526 (2018). Accordingly, “As technology has enhanced the Government’s
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capacity to encroach upon areas normally guarded from inquisitive eyes, [the United States
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Supreme] Court has sought to assure preservation of that degree of privacy against government that
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existed when the Fourth Amendment was adopted.” Carpenter v. United States, 138 S.Ct. 2206,
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2214 (2018);

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(3) Law enforcement agencies are increasingly evading warrant requirements by
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purchasing personal data from data brokers and other data collectors – a practice that was well-
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described by the Project on Government Oversight as follows: “Normally, if law enforcement
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officers want to access your [personal] data, they need a warrant. But a glaring loophole in current
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law allows law enforcement and government intelligence agencies to pay third party data brokers
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to gain access to your private, sensitive [personal] data — no warrant needed. The government can
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(and often does) purchase the personal... data of American citizens from unregulated brokers who
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offer it up to the highest bidder, all without any court oversight. This is the equivalent of police
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bypassing the requirement to get a warrant to search someone’s apartment by simply handing their
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landlord an envelope of cash; and
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(4) Law enforcement has been able to effectively and efficiently enforce our criminal laws
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for more than 230 years without needing to evade Fourth Amendment warrant requirements that
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are essential to protecting Americans’ liberty and privacy in the digital age.
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SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND
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GOVERNMENT" is hereby amended by adding thereto the following chapter:
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CHAPTER 28.11
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WARRANTLESS PURCHASES OF PERSONAL DATA
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42-28.11-1. Definitions.

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As used in this chapter:
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(1) “Governmental entity” means an agency, instrumentality, or other entity of the state or
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a political subdivision thereof, including multijurisdictional agencies, instrumentalities, and
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entities, or any person acting on behalf thereof.
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(2) “Law enforcement entity” means an agency or other instrumentality of a governmental
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entity, including the employees and agents thereof, that is authorized by law, regulation, or
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government policy to engage in or supervise the prevention, detection, investigation, or prosecution
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of any violation of criminal law.
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(3) “Location information” means information derived or otherwise calculated from the
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transmission or reception of any signal that reveals the approximate or actual geographic location
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of a customer, subscriber, or device.
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(4) “Obtain in exchange for anything of value” means to obtain or receive access to
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personal data:
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(i) In exchange for money or other valuable consideration;
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(ii) In connection with services or benefits being provided as consideration; or
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(iii) As part of the provision of a fee, including an access fee, service fee, maintenance fee,

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or licensing fee.
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(5) “Personal data” means information collected from or generated by a specific person, as
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part of a consumer transaction or the use of a consumer product or service, that is linked or
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reasonably linkable to that specific person or that specific person’s electronic device. Personal data
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shall include, without limitation, a person’s:
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(i) Name, billing information, social security number, billing address, or demographic data;
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(ii) Web browsing or search history;
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(iii) Application usage history;
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(iv) Location information;
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(v) Financial information;
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(vi) Health information;
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(vii) Biometric information;
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(viii) Characteristics of protected classifications under state or federal law;
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(ix) Device identifier, such as a media access control address, international mobile
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equipment identity, or Internet protocol address; and
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(x) Communications’ content.
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(6) "Third party" means a person who:
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(i) Is not a governmental entity; and
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(ii) Is not the person to whom the personal data pertains.
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42-28.11-2. Prohibiting warrantless purchases of personal data.

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(a) In connection with any criminal, civil, or other investigatory or enforcement activity:
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(1) A law enforcement entity may not obtain or receive access to any individual’s personal
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data from a third party in exchange for anything of value.
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(2) A law enforcement entity may not request, obtain, or receive access to any individual’s
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personal data from any federal, state, or local law enforcement or other government agency or
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department if such personal data was obtained from a third party in exchange for anything of value.
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(3) A governmental entity, including a law enforcement entity, may not provide or share
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with any federal, state, or local law enforcement agency or department any individual’s personal
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data that was obtained from a third party in exchange for anything of value.
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(4) Subsections (a)(1) through (a)(3) of this section shall not apply where:
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(i) The law enforcement entity has obtained a valid, judicially issued, probable cause
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warrant for the personal data of a specifically identified, individual(s);
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(ii) The law enforcement entity asserts, in good faith, that the exigent circumstance
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exception to warrant requirements applies due to an emergency involving imminent danger of death

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or serious physical injury to a person that requires disclosure without delay;
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(iii) The personal data is lawfully available to the public through government records or
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widely distributed media;
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(iv) The personal data pertains to a specific individual, was voluntarily made available to
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the public by that specific individual, and was obtained in compliance with all applicable laws,
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regulations, contracts, privacy policies, and terms of service;
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(v) The specific individual to whom the personal data pertains intended law enforcement
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to be a recipient of the personal data, as evidenced by case specific, express consent from the
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specific individual;
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(vi) The third party providing the data was authorized by the specific individual to whom
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the personal data pertains to provide the personal data to the law enforcement entity, as evidenced
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by case-specific, express consent from the specific individual; or
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(vii) The personal data is being provided to or by the National Center for Missing and
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Exploited Children.
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(b)The attorney general shall adopt specific procedures that are reasonably designed to
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prevent the acquisition and retention, prohibit the dissemination, and require the prompt destruction
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of any individual’s personal data that is acquired by any governmental entity in violation of this
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section; however, such data shall be retained and may exclusively be used as evidence of a violation
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of this chapter.
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42-28.11-3. Enforcement.

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(a) Any violation of this chapter constitutes an injury, and any person may institute
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proceedings for injunctive relief, declaratory relief, a writ of mandate, and/or attorneys' fees in any
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court of competent jurisdiction to enforce this chapter.
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(b) Any personal data acquired in violation of this chapter, and any evidence derived
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therefrom, may not be used, received in evidence, or otherwise disseminated in any investigation
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or in any trial, hearing, or other proceeding in or before any court, grand jury, or governmental
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entity, except as evidence of a violation of this chapter.
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42-28.11-4. Severability.

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(a) The provisions in this chapter are severable. If there is any part or provision of this
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chapter, or the application of this chapter to any person or circumstance, that is held invalid, the
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remainder of this chapter, including the application of such part or provisions to other persons or
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circumstances, shall not be affected by such holding and shall continue to have force and effect.

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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- WARRANTLESS PURCHASES
OF PERSONAL DATA -- THE 4TH AMENDMENT IS NOT FOR SALE ACT
***
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This act would prohibit warrantless searches of personal data in connection with any
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criminal, civil, or other investigatory or enforcement activity.
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This act would take effect upon passage.
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