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SENATE BILL 2215
By Walley
HOUSE BILL 2608
By Hulsey
HB2608
012153
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AN ACT to amend Tennessee Code Annotated, Title 10;
Title 24 and Title 38, relative to historical location
data.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 38, is amended by adding the following
as a new chapter:
38-4-101. Short title.
This chapter is known and may be cited as the "Protecting Everyone from
Excessive Police Surveillance (PEEPS) Act."
38-4-102. Legislative findings.
The general assembly finds that government officials or entities violate the Fourth
Amendment of the United States Constitution when, without adequate safeguards, such
officials and entities create or access databases that reveal or contain information that
can be used to reveal an individual's or vehicle's historical locations. This chapter
regulates access to, and the security of, that information.
38-4-103. Chapter definitions.
As used in this chapter:
(1) "Access" means viewing, querying, retrieving, copying, transmitting,
analyzing, or otherwise using a database, whether manually or automatically;
(2) "Collect" means to gather information using technology, including, but
not limited to, license plate readers, cameras, or aerial drones that record data
about an individual's or vehicle's locations or movements;
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(3) "Database" means a physical or digital information storage system,
whether publicly or privately owned, that contains photos and videos of
individuals and vehicles, license plate data, facial recognition data, biometric
data, cellular device location data, or a combination thereof;
(4) "Governmental entity" means a government agency, office, bureau,
division, board, council, commission, or political subdivision, including a county,
municipality, or metropolitan government;
(5) "Government official" means an officer, employee, agent, contractor,
or representative of a governmental entity;
(6) "Historical location data" or "data":
(A) Means a record that, when accessed, reveals an individual's
or vehicle's location at specific points in time more than twenty-four (24)
hours prior to the date of access; and
(B) Does not include video or image recordings generated by
cameras on or in government-owned buildings, or dashboard or body-
worn cameras owned and operated by governmental entities, regardless
of whether such cameras transmit, store, or back up recordings to a local
or centralized storage system, so long as the recordings are not indexed,
searchable, or analyzed by an individual, vehicle, biometric identifier, or
another unique identifier for the purpose of tracking or reconstructing an
individual's or vehicle's historical location data; and
(7) "Supervisor" means a government official who possesses the
authority to direct and discipline one (1) or more government officials within a
governmental entity.
38-4-104. Government official's access to databases.
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A government official shall not access a database that reveals historical location
data unless:
(1) The government official obtains a search warrant, pursuant to title 40,
chapter 6, part 1, or Rule 41 of the Tennessee Rules of Criminal Procedure, and
not in the form of a subpoena, to access the database in pursuit of a felony
investigation;
(2) The defendant in a criminal case requests that the government
preserve the defendant's historical location data, in which case the government
shall preserve the defendant's historical location data;
(3) All individuals whose historical location data would be revealed give
the government official informed and express consent for the government official
to access their historical location data in a specific database;
(4) The registered owner of a vehicle reports the vehicle lost or stolen,
and gives the government official informed and express consent for the
government official to access the vehicle's historical location data in a specific
database;
(5) Exigent circumstances exist at the time of access, including a call for
emergency services or during an emergency situation under § 38-1-602, that
make it impractical to obtain a search warrant before the exigency expires; or
(6) The government official uses the historical location data solely for the
following purposes:
(A) Toll collection and enforcement;
(B) Traffic enforcement;
(C) Parking enforcement; or
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(D) Information security as necessary to implement the
requirements of § 38-4-105.
38-4-105. Maintenance of historical location data.
(a) A government official or governmental entity that collects historical location
data shall not share it outside the official's or governmental entity's scope of
employment, except as permitted under § 38-4-104.
(b) A government official or governmental entity that collects historical location
data shall not sell or convey such data to a private, non-governmental third party for any
reason.
(c) A governmental entity that collects historical location data shall:
(1) Adopt and observe a written policy ensuring that the security and
access provisions of this chapter are followed;
(2) Destroy all historical location data not less than two (2) days and not
more than seven (7) days after the data is collected, except when a criminal
defendant requests that their historical location data be preserved under § 38-4-
104(2);
(3) If permitted to maintain data for a lawful purpose, encrypt or
otherwise render historical location data unreadable to an unauthorized
accessor, using methodology or technology generally accepted in the field of
information security;
(4) Create and maintain a record for every instance in which historical
location data is accessed. Such records must include:
(A) The identity of the government official or governmental entity
seeking access;
(B) The specific purpose for which access was sought;
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(C) The provision of § 38-4-104 that permitted access to such
data and the specific factual basis for believing that the provision was
satisfied;
(D) The identity and written approval of the supervisor permitting
access;
(E) A full description of the historical location data accessed; and
(F) The redaction of license plate numbers, facial images, or
other personal information;
(5) Require that a supervisor audit the records required by subdivision
(c)(4) on a monthly basis to verify and evaluate:
(A) That all information required under subdivision (c)(4) has
been provided;
(B) That the specific purpose for which access was sought
complies with this chapter;
(C) That the scope of the historical location data accessed was
appropriate in light of the specific purpose; and
(D) Whether any other factors suggest noncompliance with this
chapter, such as large volumes of searches by the same government
official, differing reasons for searching for similar historical location data,
or any other factors that would reasonably suggest that the specific
purpose provided to search such data was pretextual or not permitted
under this chapter. When the auditing supervisor determines or has
reason to believe that a government official or governmental entity has
violated this chapter, the supervisor shall order further investigation of the
violation; and
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(6) Annually report on compliance with this chapter to the judiciary
committee of the senate and the committee of the house of representatives with
jurisdiction over criminal justice. The report shall summarize all records that the
governmental entity created and maintained in the past year under subdivision
(c)(4).
(d) Each government official whose duties include accessing a database that
contains historical location data must undergo training on compliance with this chapter.
The training must not be created or administered by a private entity whose business
involves collecting historical location data.
38-4-106. Violations of this chapter.
(a) If a governmental entity learns that a government official within that
governmental entity has violated this chapter, the governmental entity shall suspend that
government official's access to any database that contains historical location data for:
(1) Seven (7) days upon a first violation;
(2) Thirty (30) days upon a second violation; and
(3) Permanently upon a third violation.
(b) If the attorney general and reporter learns that a government official or
governmental entity has violated this chapter, the attorney general and reporter may
bring a civil action for declaratory and injunctive relief to prevent ongoing or future
violations.
(c) This section does not preclude a government official or governmental entity
from taking additional or more severe disciplinary actions when such official becomes
aware of a violation of this chapter.
38-4-107. Prohibition on less restrictive local laws.
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A municipality, county, metropolitan government, or other political subdivision of
this state shall not enact a law, ordinance, resolution, regulation, rule, or policy that
permits a government official or governmental entity to access historical location data in
a manner less restrictive than that provided in this chapter.
SECTION 2. Tennessee Code Annotated, Section 10-7-504, is amended by deleting
subdivision (a)(32)(B) and substituting:
(i) Historical location data, as defined in § 38-4-103, is confidential and not open
to inspection by members of the public.
(ii) This subdivision (a)(32) must not be construed to limit public access to a
governmental entity's annual compliance report required by § 38-4-105(c)(6).
SECTION 3. Tennessee Code Annotated, Title 24, Chapter 7, is amended by adding
the following as a new section:
Historical location data, as defined in § 38-4-103, accessed in violation of the
Protecting Everyone from Excessive Police Surveillance (PEEPS) Act, compiled in title
38, chapter 4, is not admissible as evidence in a criminal or civil proceeding.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.