HB 4097
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 government access to a person’s information shared with third parties for the purpose of obtaining goods and services. It challenges the "Third Party Doctrine," which currently allows law enforcement to access such information without a warrant, and requires government officials to obtain consent or a judicial warrant before accessing shared data. The bill seeks to protect individuals’ privacy rights regarding their digital and physical property held by others.
Key provisions
- Requires government officials 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 Doctrine’ and argues against its application in protecting privacy.
- Prohibits the admissibility of evidence obtained through illegal searches and seizures under the act.
- Allows individuals to pursue legal action under the West Virginia Human Rights Act if their rights are violated.
- Establishes that a person can challenge a search or seizure as if it had been conducted directly from them.
- Specifies that a warrant must be based on probable cause.
- Sets an effective date for the law.
Who is affected
- Residents of West Virginia
- Businesses that provide goods and services
- Third-party service providers
- Government agencies
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