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Minutes for HB2332 - Committee on Government, Technology and Security
Short Title
Relating to disclosure of electronic communications and electronically stored data.
Minutes Content for Mon, Mar 6, 2017
The Chairman welcomed members, conferees, and guests and opened the hearing on HB2332.
Jenna Moyer, Revisor, briefed the Committee on the bill (Attachment 1). She noted that the bill prohibits a person or entity who provides electronic communications or remote computing services from knowingly disclosing those contents other than to the customer or subscriber. Contents disclosed in violation would be exempt from discovery, subpoena or admissibility in legal proceedings. Use of electronic communications or remote computing services would not waive attorney-client privilege.
Members discussed at length the factors other than attorney-client privilege to which the bill might apply, such as doctor-patient information. Ms. Moyer replied that the bill does not extend the attorney-client privilege, but simply adds further details to it. She said that the bill does not specifically cover situations other than attorney-client privilege. Members expressed some concern that the bill is broad enough to create unintended consequences.
Two proponents of the bill provided written-only testimony:
- Amanda Stanley, Legal Counsel, The League of Kansas Municipalities (Attachment 2);
- James Halpert, General Counsel, State Privacy and Security Coalition (Attachment 3).
Athena Andaya, Deputy Attorney General, Kansas Attorney General's Office, provided written neutral testimony on the bill (Attachment 4).
Speaking as an opponent, Kim Parker, Prosecutor Coordinator, Kansas County and District Attorneys Association, said the bill will hinder certain aspects of criminal investigations, such as sexual exploitation of children, human trafficking, elder abuse, and identity theft, by allowing no exceptions for certain warrants. She notes that a bill introduced in Congress by Representative Kevin Yoder (HR699, the E-mail Privacy Act) mirrors HB2332 in tone but is more comprehensive. She recommended that the committee postpone any action on HB2332 until it becomes clear how HR699 might impact state statutes (Attachment 5). Responding to questions, Ms. Parker replied that the bill makes it more difficult to retrieve information not only in criminal cases, but civil ones as well.
Ed Klumpp, representing the Kansas Association of Chiefs of Police, the Kansas Sheriffs Association, and the Kansas Peace Officers Association, spoke as an opponent; he also provided written testimony from Jeffrey Easter, Sedgwick County Sheriff (Attachment 6). He said he appreciated the bill's intent to protect a citizen's privacy, but he explained that the bill can be applied adversely to criminal cases and is not consistent in distinguishing civil from criminal cases.
The Chair closed the hearing on HB2332.
