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HB 2212

Privacy, Confidentiality - As introduced, enacts the "Fourth Amendment is Not for Sale Act"; creates a Class B misdemeanor offense for officers, employees, or contractors of a state agency or local governmental entity that is required by law to be issued a warrant prior to obtaining personal information or sensitive data about an individual to knowingly purchase, license, or otherwise obtain the personal information or sensitive data from a controller in lieu of the warrant requirement. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 39 and Title 47.

114th Regular Session (2025-2026) Introduced by Jason Powell

Makes it a Class B misdemeanor for government officials to buy personal data from brokers to bypass warrant requirements for obtaining citizens' information.

Action Def. in s/c Criminal Justice Subcommittee to 3/18/2026
#confidentiality #privacy
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WeVote Research Nonpartisan
Bill Summary · HB 2212

Legislative bill overview

HB 2212 creates a Class B misdemeanor offense for government officers, employees, or contractors who bypass warrant requirements by purchasing personal information or sensitive data directly from private data brokers instead of obtaining a warrant. The bill amends multiple Tennessee code sections to enforce this restriction across state and local agencies.

Why is this important

Law enforcement and government agencies have increasingly purchased consumer data from private companies to circumvent warrant requirements, creating a constitutional workaround. This bill attempts to close that loophole by making it illegal for government entities to use commercial data purchases as a substitute for judicial oversight, protecting citizens' Fourth Amendment rights against unreasonable searches.

Potential points of contention

  • Definition scope: The bill's effectiveness depends on how broadly "personal information or sensitive data" is defined and whether exceptions exist for legitimate government operations (tax collection, child support enforcement, etc.)
  • Enforcement challenges: Proving intent and identifying which purchases constitute warrant avoidance versus legitimate data needs may be difficult, potentially creating inconsistent application
  • Impact on government operations: Agencies may argue the bill restricts tools needed for public safety, fraud detection, or administrative functions that don't traditionally require warrants

Compiled from official sources — confirm details with the bill’s official record.

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