Proposal would set ownership rules for personal information and limit government searches

A person who puts someone else’s unpublished personal information into a digital record would be presumed to hold it for both parties’ benefit. This covers unpublished personal information placed in a digital record, including information stored on a cloud server. The arrangement would follow any contract terms. Information made public by its owner, lawfully shared for news or public commentary, tied to public duties, or used to address an immediate threat to life or property would not count as unpublished personal information.

Identifiable personal information in a digital record would be presumed to remain the original owner’s property; a record derived from it without personally identifiable information would be presumed to belong to its creator. The rules cover personal information that remains identifiable after it is put in a digital record, and records derived from it that contain no personally identifiable information.

Government entities would generally need a probable-cause warrant to access, search, or seize covered digital records. This covers digital records stored on a device or in a cloud server protected by a contract against disclosure. A court with authority must issue the warrant. Another law may specifically allow access, search, or seizure without a warrant. If enacted, the act would take effect 60 days after passage.