Current through the 2023 Regular Session
Section 46-5-112 - Electronic data privacy - warrant required - exceptions(1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.(2) A government entity may obtain the stored data of an electronic device without a search warrant: (a) with the consent of the owner or authorized user of the electronic device;(b) in accordance with judicially recognized exceptions to warrant requirements;(c) if the owner has voluntarily and publicly disclosed the stored data;(d) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;(e) in order to respond to the user's call for emergency services; or(f) for any electronic devices found within the confines of a correctional facility.(3) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.(4) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.Amended by Laws 2021, Ch. 339,Sec. 24, eff. 10/1/2021.Added by Laws 2017, Ch. 201,Sec. 2, eff. 10/1/2017.