A Montana lawmaker who has made privacy of information in a technological age the primary focus of his time in the legislature says four bills passed in the just-completed session give Montanans strong personal privacy protections.
“With these new laws, Montana has protected its citizens’ Fourth Amendment privacy rights to a degree above and beyond anywhere else in the nation,” Rep. Daniel Zolnikov said last week.
The Billings Republican sponsored House Bills 148, 147, 149 and 146, all of which have been signed into law.
“The Fourth Amendment right to due process creates an implied right of privacy,” he said, “but, unfortunately, court rulings upholding these rights have fallen behind due to the rapid pace of technological advancements.”
HB 148 requires government agencies to convince a court to issue a warrant or subpeona before asking third party providers, such as internet service providers or social media sites, for electronic communications. It also requires the individual to be notified the information has been seized. A partner bill, HB 147, has similar requirements for government access to computers, smartphones, tablets, gaming systems and more.
“HB 147 works in conjunction with HB 148 so that no matter what route the government wants to go to access your devices and stored information, they have to get a warrant first,” said Zolnikov. “Today’s devices contain a person’s most personal information and should require the highest level of protection.”
HB 149 limits the usage of automated license plate readers and HB 146 places guidelines on the use of temporary road blocks. Zolnikov touts the measures as having economic benefits for Montana.
“In addition to protecting the civil liberties of Montanans, all of these bills can be used to recruit and retain new high tech companies in Montana who follow these issues closely,” he said.
All four bills passed easily through the legislature. Zolnikov first served in the legislature during the 2013 session. In past sessions, he shepherded in a new law to require warrants to access cell- phone location information and another to protect the privileged electronic communications of the press.
