Surveillance and privacy.

Authors: Representative Eric Allan Koch

Co-authors: Representative Matt Pierce

Sponsors: Senator Brent Steele, Senator James Tomes, Senator John Waterman

Co-Sponsors: Senator Lonnie Randolph, Senator R Michael Young, Senator Travis Holdman


Requires a law enforcement officer to obtain a search warrant in order to use an unmanned aerial vehicle, with certain exceptions. Exempts electronic or video toll collection activities and facilities from certain restrictions relating to video and electronic surveillance and data collection. Provides that a law enforcement officer may not compel a person to provide a passkey, password, or keycode to any electronic communication service, electronic device, or electronic storage, or any form of stored electronic user data without a valid search warrant issued by a judge. Prohibits a law enforcement officer or law enforcement agency from using a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless certain conditions are met. Provides that, except for a law enforcement officer or governmental entity who has obtained a search warrant, a person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class A misdemeanor. Establishes a procedure to use electronic mail to apply for a warrant. Provides immunity from civil and criminal liability for certain entities that provide information pursuant to certain court orders. Provides certain procedures for the issuance of search warrants concerning electronic communication service or remote computing service that affect the law concerning a journalist's privilege against disclosure of an information source. Urges the legislative council to assign to a study committee during the 2014 legislative interim the topic of digital privacy, including: (1) issues related to searches of electronic devices, compelling the disclosure of electronic user data, the collection and use of geolocation information, and the collection and use of biometric information by government agencies; and (2) any other issue concerning digital privacy and related subjects.