SB 1121: Privacy: electronic communications.

Existing law prohibits a government entity from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions, except for emergency situations, as defined. Existing law also specifies the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device.

This bill would additionally authorize a government entity, without a warrant or other order, to access electronic device information by means of physical interaction or electronic communication with the device: (1) if the device is seized from an authorized possessor, as defined, who is serving a term of parole or postrelease community supervision, as specified; (2) if the device is seized from an authorized possessor who is subject to an electronic device search as a condition of probation, mandatory supervision, or pretrial release, as specified; or (3) for the purpose of accessing information concerning the location or the telephone number of the electronic device in order to respond to an emergency 911 call from that device. The bill would also provide that the definition of electronic device for purposes of the bill does not include a magnetic strip on a drivers license or identification card, as prescribed.

Existing law authorizes a service provider to voluntarily disclose electronic communication information or subscriber information, as specified. Existing law requires a government entity to destroy that information within 90 days unless one or more specified circumstances apply, including, among others, the government entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed.

This bill would also authorize a government entity to retain the information beyond 90 days if the service provider or subscriber is, or discloses the information to, a federal, state, or local prison, jail, or juvenile detention facility, and all participants to the electronic communication were informed, prior to the communication, that the service provider may disclose the information to the government entity.

This bill would make technical, nonsubstantive changes to these provisions.

This bill would provide that the prohibition against a government entity compelling the production of or access to electronic communication information or electronic device information without a search warrant, wiretap order, order for electronic reader records, or subpoena does not limit the authority of the Public Utilities Commission or the State Energy Resources Conservation and Development Commission to obtain energy or water supply and consumption information pursuant to the powers granted to them under the Public Utilities Code or the Public Resources Code and other applicable state law.

The bill would incorporate changes to Section 1546.1 of the Penal Code proposed by both this bill and AB 1924, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is enacted after AB 1924.