CITIZENS’RIGHTS TO PRIVACY Electronic Surveillance -- Legislation advanced through the General Assembly this year to prohibit state and local police agencies from accessing or retrieving the location data of residents by surveillance of an electronic device without a court warrant. The new law helps to ensure the government does not take advantage of technological advances in cell phones, laptops and other electronic devices to spy without appropriate judicial oversight. Law enforcement made 1.1 million requests to wireless carriers for cellphone data information in 2012 according to a report delivered to Congress in December. The three largest wireless companies, AT&T, Sprint and Verizon reported they have received 56,400 “emergency” requests from police departments which did not have a warrant or court order. One company reported their requests from police have doubled in the past five years. In addition, public records obtained by USA Today and Gannett reveal that about one in four law enforcement agencies in the U.S. have used “tower dumps.” This is a surveillance tactic which covers multiple towers and wireless providers to give police a multitude of electronic data about a targeted cell phone user. The digital dragnets also capture information on other persons using wireless devices in the area who are not suspected of wrongdoing. The electronic privacy bill, which is modeled after a Montana law, allows exceptions in order to respond to a possible life-threatening situation, an emergency call by the user, when a device is reported as stolen, or other exigent circumstances, unless there is informed consent by the owner. The legislation prescribes a Class C misdemeanor for violation. UAVs / Farming -- Legislation aiming to protect the privacy of citizens against the improper use of unmanned aerial vehicles (UAV) to collect images or video passed during the 2014 legislative session. The measure is a proactive effort to protect the privacy of citizens as the Federal Aviation Administration, which currently has authority over UAVs, is in the process of lifting their regulations. This action would create a vacuum in Tennessee law for the private use of these vehicles. The new law creates a criminal offense for using these vehicles except for certain exceptions, including the landowner’s permission, testing of aircraft authorized by the FAA, activity by the military, law enforcement for the pursuit of felony criminals, satellite mapping, and such emergency situations like an oil spill, fire suppression and to rescue a person in danger. The provision allowing landowners to utilize the vehicles helps to ensure farmers can use them for agricultural purposes. Farmers are increasingly using UAVs to monitor their crops. It is predicted that this trend will increase dramatically over the next ten years. A violation of the basic prohibition will be a Class C misdemeanor under the bill with subsequent distribution or use of unauthorized images as a Class B misdemeanor. The legislation reinforces a bill passed last year which prohibited the use of drones by state officials, except under certain limited circumstances. Search and Seizure -- A new law was passed this year which prohibits law enforcement officers from searching or seizing a person’s cellular telephone data, unless there is a search warrant, the owner gives informed consent, it is abandoned or exigent circumstances exist to suspect criminal activity at the time of the seizure. The new law classifies cellular telephones as sealed containers and prohibits the search and seizure during a routine traffic stop. No cellular telephone data that is obtained in violation of the legislation is allowable in any court of law as evidence. Automated License Plate Data -- Lawmakers voted this year to protect the privacy of innocent drivers in Tennessee. Governments currently use cameras, with the most common being automated license plate recognition for traffic law enforcement. Traffic cameras have also been used to help find those with an outstanding warrant. The new law prohibits any state or local government agency from storing or retaining any captured plate data for more than 90 days, unless there is an ongoing criminal investigation. Private Traffic Checkpoints -- Legislation to ban state and local police from participating in traffic checkpoints conducted by private contractors in Tennessee has received final approval. This new statute aims to stop any prospective checkpoints conducted by private research contractors from doing random checkpoint DNA tests on Tennessee drivers. The practice has been reported in at least 30 U.S. cities where drivers said they were pressured into providing saliva samples or to submit to a blood test. Affected drivers claim they were forced off the road by employees of the contractor who were accompanied by local law enforcement agencies with flashing lights for a supposedly “voluntary” DNA test. Contact information You May Contact Senator Hensley at 309 War Memorial Building Nashville TN 37243 615-741-3100 Toll Free 1-800-449-8366 ext. 13100 Fax 615-253-0231 855 Summertown Highway Hohenwald TN 38462 Phone 931-796-2018 Cell Phone 931-212-8823 E-mail: [email protected]
Posted on: Wed, 02 Jul 2014 19:48:01 +0000
Trending Topics
Recently Viewed Topics
© 2015