AB 358: Criminal procedure: privacy.

Existing law, the Electronic Communications Privacy Act, 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. Existing law authorizes a government entity to access electronic device information by means of physical interaction or electronic communication with the device in certain circumstances, including, pursuant to the specific consent of the authorized possessor of the device or if the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires access to the information.

This bill would additionally authorize a government entity to access electronic device information if the government entity locates the device with a deceased body, and the entity in good faith believes that the device belongs to the decedent, as specified, or with the specific consent of an individual who locates the device and the device is reasonably believed to have been used to track or record the individual without their permission.