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S.F. No. 2466 - Government Access to Electronic Device Location Information (First Engrossment)
 
Author: Senator Branden Petersen
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: April 1, 2014



 

Overview

S.F. 2466 addresses access to electronic device location information by government entities. The bill generally requires those entities to obtain a search warrant before obtaining this information. It also requires that notice be given to persons whose information is collected and reports made relating to these issues.

Section 1 amends a provision in Minnesota Statutes, chapter 626A (Privacy of Communications; Wire, Electronic, and Oral Interception) addressing access to records of providers of electronic communication services or remote computing services. Specifies that these providers may not disclose location information covered by section 2 to a government entity, except as provided in section 2.

Section 2, subdivision 1 defines “adverse result”, “electronic communication service”, “electronic device”, “government entity”,  “location information”, “location information service”, and “remote computing service”.

Subdivision 2 requires a government entity to secure a search warrant before collecting electronic device location information. A warrant is to be issued only if the entity shows there is probable cause that the person who possesses the device is committing, has committed, or is about to commit a criminal offense. Provides exceptions to the search warrant requirement in cases where there is consent, an emergency, a stolen device, or a missing person.

Subdivision 3 establishes a 60-day maximum effective period for search warrants issued under this section and allows for extensions under certain circumstances. These limitations apply to search warrants for the contemporaneous collection of electronic device location information.

Subdivision 4 requires government entities to provide notice to individuals who have their location information collected. Allows for delayed notice in certain exceptional circumstances.

Subdivision 5 requires judges to report to the State Court Administrator on warrant applications and notices of warrantless collection of location information that judges receive each year. The State Court Administrator must annually report to the Legislature on these issues and publish the report on the Internet.

Subdivision 6 prohibits evidence obtained in violation of this section from being admitted in any criminal, civil, administrative, or other proceeding. Requires at least a ten day notice to be given to parties when evidence collected under this section is to be offered as evidence in a legal dispute.

 

KPB/tg

 

 
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