Electronic Information Privacy Act Amendments

Added a new definition for 'transmitted data' to cover wireless data sent directly between devices or to nearby antennas without intermediate relays.

Added a new section (77-23c-104.1) that permits law enforcement to access electronic information without complying with standard chapter requirements when obtaining it from out-of-state or federal agencies, through interagency agreements, or upon request if legal process levels match.

Modified warrant requirements to explicitly prohibit law enforcement from using, copying, or disclosing data not covered by the warrant, and added a destruction requirement for such data.

Added 'live-streamed sexual exploitation' to the list of emergencies where providers may voluntarily disclose location information or data without a warrant.

Strengthened enforcement by adding a specific prohibition on law enforcement contracting with third parties to circumvent the act's requirements, with violations subject to Fourth Amendment-style exclusion of evidence.

Corrected formatting errors in section numbering and text alignment throughout the document.

Updated definitions to explicitly include transmitted data, location information, and electronic devices within the scope of the privacy act.

Added strict warrant requirements for obtaining location information, stored data, and transmitted data, with limited exceptions for emergencies or consent.

Mandated that law enforcement notify individuals within 90 days (or sooner) when their electronic data is accessed via a warrant, with specific delay provisions for safety or fugitive apprehension.

Removed language allowing law enforcement to access data from third-party aggregators without a warrant, replacing it with a prohibition on contracting with third parties to circumvent privacy laws.

Established a 'fruit of the poisonous tree' rule, excluding from court any evidence derived from electronic information obtained in violation of the act.

Enacted a new section clarifying exceptions for data obtained from out-of-state or federal agencies through legal interagency agreements.

Added specific definitions for 'transmitted data' and expanded 'electronic information' to include location data, stored data, and transmitted data of electronic devices.

Strengthened warrant requirements by clarifying that law enforcement cannot use, copy, or disclose data obtained under a warrant that was not the specific subject of that warrant.

Added a new section prohibiting law enforcement agencies from contracting with or using third parties to obtain electronic information in ways the agency itself would be prohibited from doing directly.

Mandated that electronic information obtained in violation of the act is subject to exclusionary rules similar to Fourth Amendment violations, meaning such evidence cannot be used in court.

Created a new section allowing exceptions to warrant requirements for data received from out-of-state or federal agencies if obtained legally in their jurisdiction, as well as for publicly accessible third-party data aggregators.

Included technical amendments to the effective date and formatting of the legislative text.

Added a new section (77-23c-104.1) creating specific exceptions where law enforcement can access electronic information without complying with the chapter's standard warrant procedures, such as when receiving data from federal, out-of-state, or foreign agencies that obtained it legally.

Revised the requirements for law enforcement to destroy electronic information collected under a warrant as soon as reasonably possible after collection.

Amended the exclusivity clause to explicitly state that law enforcement cannot contract with third parties to bypass the chapter's requirements, with the new exceptions for interagency cooperation.

Clarified and reorganized definitions for terms like 'electronic information,' 'transmitted data,' and 'subscriber record' to ensure precise application of privacy rules.

Updated liability protections for service providers to clarify that they are not liable for acting in good faith reliance on warrants or lawful non-warrant disclosures.

Adjusted the timeline for serving notice to owners after a warrant execution, requiring notification within 90 days of obtaining data or within three days of concluding the investigation.