Montana enacts first law blocking police from buying private data without a warrant

Montana has recently made significant strides in protecting citizens' privacy rights by enacting a groundbreaking law. The new legislation, signed by Governor Greg Gianforte, prevents law enforcement agencies from purchasing bulk digital data without a warrant. This law, known as Senate Bill 282, is a pioneering move that aims to close what is referred to as the 'data broker loophole.' Previously, law enforcement could circumvent the Fourth Amendment’s protections against unreasonable searches and seizures by acquiring private data through data brokers, which raised concerns about privacy invasions. Under the new law, law enforcement must seek judicial approval before accessing such data, ensuring a higher standard of accountability. The decision to introduce this legislation stemmed from growing concerns over privacy in an increasingly digital world. As people store more of their personal information online, the market for data brokerage has expanded dramatically. Companies collect vast amounts of anonymized data that can be sold to law enforcement. In recent years, even federal agencies, such as the IRS, have spent millions on accessing this information, bypassing the traditional need for warrants. The Montana legislation counters this trend by reinforcing the requirement for warrants in accessing individuals' digital footprints, ensuring that citizens' privacy rights are upheld. The unanimous passage of Senate Bill 282 by both chambers of the Montana Legislature signals a strong bipartisan effort to safeguard the rights of citizens against government overreach. Matthew Guariglia, a senior policy analyst at the Electronic Frontier Foundation, praised the law as a necessary step to rein in invasive practices that have emerged in the digital age. Advocates argue that this legislation is vital for protecting personal privacy and autonomy in a time when data is often commoditized without individuals’ consent or knowledge. The law will take effect on October 1, further solidifying Montana's position as a leader in privacy protection. This legislative achievement highlights a growing recognition of the importance of privacy in the digital realm. As technology continues to advance and data becomes increasingly accessible, more states may follow Montana’s lead in the pursuit of more stringent regulations on law enforcement's access to private information. In a time when public trust in governmental institutions is paramount, such regulations are essential for maintaining the delicate balance between security and personal freedoms.