Michigan ballot proposal 2 and what it means for personal electronic data
The second proposition that voters will find listed on their ballot this November pertains to an individual’s electronic data, communications, and whether law enforcement agencies have a right to it. It deals with unlawful search and seizure by the government.
Under Proposition 2, access to a person’s electronic data and communications would be protected from search and seizures performed by law enforcement and would require a warrant for them to be viewed. In other words, it would be unlawful for police to search through a citizen’s private data without permission from a judge.
What a "yes" vote for Prop 2 means:
- * A “Yes” vote supports this constitutional amendment to require a search warrant to access a person’s electronic data and electronic communications
What a "no" vote for Prop 2 means:
- A “No” vote opposes this constitutional amendment to require a search warrant to access a person’s electronic data and electronic communications
Background
While the current law requires all police departments and security agencies to acquire a warrant before searches and seizures of a person’s houses, papers, and possessions can be performed, “electronic data” and “electronic communications” is not mentioned in the language.
There is precedent for a legal challenge to a law enforcement agency's searching through one's cell phone. After that case went to the U.S. Supreme Court, a unanimous ruling from the court said a warrant was necessary to inspect the contents of an individual’s phone.
However, most Michigan law enforcement agencies treat cell phone data as private information. Prop 2 would remove any uncertainty about if phone data is considered private.