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 an adult or youth 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.
History: En. Sec. 2, Ch. 201, L. 2017.
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