Michigan has become the first state to ban the National Security Agency’s intrusive data collection practices by passing a law that prohibits law enforcement and state agencies from turning over personal data to the federal government without due process.
The Fourth Amendment Rights Protection Act, or HB4430, will go into effect next month after it passed the Michigan state legislature with overwhelming support and only one “no” vote.
The text of the bill states that its purpose is “to prohibit this state and certain other governmental agents, employees, and entities in this state from assisting a federal agency in obtaining certain forms of data without a warrant; and to prohibit certain uses of certain data collected without a warrant.”
According to the new law, the state and its political subdivisions “shall not assist, participate with, or provide material support or resources to a federal agency to enable it to collect or to facilitate in the collection or use of a person’s electronic data or metadata,” unless at least or more of the following criteria are met:
- The person has given informed consent.
- The action is pursuant to a warrant that is based upon probable cause and particularly describes the person, place, or thing to be searched or seized.
- The action is in accordance with a legally recognized exception to warrant requirements.
- The action will not infringe on any reasonable expectation of privacy the person may have.
- This state or a political subdivision of this state collected the electronic data or metadata legally.”…