Privacy, Confidentiality

Plain English Breakdown

The official summary does not provide details on how data obtained under exempt circumstances will be handled.

Fourth Amendment is Not for Sale Act

This bill prohibits Tennessee state agencies and local governmental entities from buying personal information without a warrant under certain conditions.

What This Bill Does

• Prohibits state agencies and local governmental entities, including their officers, employees, or contractors, from purchasing, licensing, or obtaining personal data about individuals without a warrant when required by law.
• Makes violating this prohibition a Class B misdemeanor with possible jail time of up to six months or a fine not exceeding $500, or both.

Who It Names or Affects

• State agencies
• Local governmental entities
• Officers, employees, and contractors of state agencies and local governmental entities

Terms To Know

Controller

A person or organization that decides how personal data is processed.

Sensitive Data

Personal information that needs extra protection because it could harm someone if leaked, like medical records or financial details.

Limits and Unknowns

• The bill does not specify what happens to the data obtained under exempt circumstances.
• It is unclear how this law will be enforced and monitored in practice.

Official Summary Text

This bill generally prohibits a
state agency or local governmental entity,
including
its officers, employees, or contractors, that is required
by law
to be issued a warrant prior to obtaining personal information or sensitive data about an individual
from
knowingly purchas
ing
, licens
ing
, or otherwis
e
obtain
ing
the personal information or sensitive data from a controller in lieu of the warrant requirement.

A
n
officer, employee, or contractor of a state agency or local governmental entity who violates
such
prohibition
commits a Class B misdemeanor
, punishable by a term of imprisonment of no
greater than six months
,
a fine not to exceed 500, or both,

However, this bill provides that it is not
a violation of
the prohibition above if
the personal information or sensitive data is purchased, licensed, or otherwise obtained under any of the following circumstances:



If necessary to respond to a call for emergency services placed by the individual to whom the personal information or sensitive data relates
.


To prevent imminent danger to the life of the individual to whom the personal information or sensitive data relates
.


To prevent imminent danger to the public
.


With the express, written consent of the individual to whom the personal information or sensitive data relates
.


If required by federal law or a valid federal court order.

Current Bill Text

SENATE BILL 2395
By Yarbro

HOUSE BILL 2212
By Powell
HB2212
012061
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 5; Title 6; Title 7; Title 8; Title 39 and Title 47,
relative to personal data.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 13, Part 6, is amended by
adding the following as a new section:
(a) This section is known and may be cited as the "Fourth Amendment is Not for
Sale Act."
(b) A state agency or local governmental entity, or any of its officers, employees,
or contractors, that is required by § 39-13-610 or another law to be issued a warrant
prior to obtaining personal information or sensitive data about an individual shall not
knowingly purchase, license, or otherwise obtain the personal information or sensitive
data from a controller in lieu of the warrant requirement.
(c) A officer, employee, or contractor of a state agency or local governmental
entity who violates subsection (b) commits a Class B misdemeanor.
(d) It is not a violation of subsection (b) if the personal information or sensitive
data is purchased, licensed, or otherwise obtained under any of the following
circumstances:
(1) If necessary to respond to a call for emergency services placed by
the individual to whom the personal information or sensitive data relates;
(2) To prevent imminent danger to the life of the individual to whom the
personal information or sensitive data relates;
(3) To prevent imminent danger to the public;

- 2 - 012061

(4) With the express, written consent of the individual to whom the
personal information or sensitive data relates; or
(5) If required by federal law or a valid federal court order.
(e) As used in this section:
(1) "Controller," "identified or identifiable natural person," "natural
person," "individual," "personal information," and "sensitive data" have the same
meanings as defined in § 47-18-3302;
(2) "Local governmental entity" means a municipality, metropolitan
government, county, utility district, local law enforcement agency, school district,
public building authority, and development district created and existing pursuant
to the laws of this state, or any instrumentality of government created by any one
(1) or more of the named local governmental entities; and
(3) "State agency" means a state department, board, commission, and
other body which carries out state functions and programs.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.