Privacy, Confidentiality

Plain English Breakdown

The official source material does not provide information on enforcement mechanisms or monitoring practices for this law.

Fourth Amendment is Not for Sale Act

This bill makes it illegal for certain government workers to buy personal information about individuals without a warrant and sets penalties for violations.

What This Bill Does

• Prohibits state agencies, local governments, their officers, employees, or contractors from buying personal data about individuals unless required by law or under specific exceptions.
• Makes it a crime (Class B misdemeanor) to violate the prohibition on purchasing personal information without a warrant.

Who It Names or Affects

• State agencies and local governmental entities in Tennessee.
• Officers, employees, and contractors working for these 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 it were shared without permission.

Limits and Unknowns

• The bill does not specify what happens to the data after a warrant is issued.
• It's unclear how this law will be enforced or 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

HOUSE BILL 2212
By Powell

SENATE BILL 2395
By Yarbro
SB2395
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.