Criminal procedure: privacy.

Assembly Member Alvarez's electronic privacy legislation expands California's framework for accessing digital device information when individuals discover unauthorized tracking or surveillance devices. The measure amends the Electronic Communications Privacy Act to permit government entities to access electronic data with consent from someone who finds a tracking or surveillance device believed to have been used to monitor them without permission.

The bill requires government entities that obtain information through this consent-based process to file a warrant application within three court days, detailing the circumstances of discovery. Courts must promptly review these applications and order the immediate destruction of any information if the facts do not align with the reported circumstances. The legislation defines tracking or surveillance devices as electronic equipment designed solely to record audio/visual information or track an individual's movements.

Additionally, the measure modifies existing petition procedures, allowing individuals whose information is obtained by government entities to challenge warrants, orders, and other legal demands that conflict with state privacy laws or constitutional protections. These revisions maintain current immunity provisions for corporations and their representatives who comply with lawful warrants and orders while establishing clearer parameters for suppressing improperly obtained electronic evidence in legal proceedings.