HB 2652
To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the Protection of Shared Physical and Digital Property from Warrantless Searches Act, aims to limit the ability of government agents to search or seize a person’s physical or digital property held by a third party. It challenges the "Third Party Doctrine," which allows law enforcement to access information shared with third parties without a warrant, and requires government officials to obtain consent or a judicial warrant before accessing such information. The bill seeks to protect individuals’ privacy regarding data shared for goods and services.
Key provisions
- Requires government agents to obtain consent or a judicial warrant before accessing shared physical or digital property.
- Defines ‘digital property’ to include information created, shared, and recorded in digital form.
- Defines ‘Third Party’ as a party providing goods or services and maintaining property about the person.
- Prohibits warrantless searches and seizures of property held by third parties.
- States that evidence obtained through illegal searches is inadmissible in court.
- Allows individuals to pursue legal action under the West Virginia Human Rights Act for violations of the bill.
- Establishes a process for delaying warrant notification to protect ongoing investigations.
- Defines ‘probable cause’ and ‘search or seizure warrant’ as required for legal searches.
Who is affected
- Residents of West Virginia
- Businesses providing goods and services
- Third-party service providers (e.g., cloud storage companies, internet providers)
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