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SB 2395

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 Jeff Yarbro

Tennessee bill criminalizes government officials purchasing personal data from brokers to bypass warrant requirements, strengthening Fourth Amendment protections against warrantless searches.

Assigned to General Subcommittee of Senate Judiciary Committee
#confidentiality #privacy
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Bill Summary · SB 2395

Legislative bill overview

SB 2395, titled the "Fourth Amendment is Not for Sale Act," creates a Class B misdemeanor offense for government officers, employees, and contractors who bypass warrant requirements by purchasing personal or sensitive data directly from private data brokers instead of obtaining a warrant. The bill amends multiple Tennessee code sections to establish this criminal penalty across state and local governmental entities.

Why is this important

This bill addresses a significant legal gray area: law enforcement agencies purchasing consumer data from private companies to circumvent Fourth Amendment warrant protections. As data brokerage has become increasingly commercialized, agencies can obtain detailed personal information about citizens without judicial oversight, potentially undermining constitutional protections against unreasonable searches. The bill attempts to close this loophole by making the workaround itself illegal.

Potential points of contention

  • Definitional clarity: The bill may face questions about what constitutes "personal information or sensitive data" and whether all data purchases require warrants or only those specifically tied to criminal investigations
  • Practical enforcement: Establishing knowledge that a warrant would normally be required, and proving an officer intentionally avoided the warrant process, could present prosecutorial and evidentiary challenges
  • Government operations impact: Legitimate government functions (tax collection, child support enforcement, licensing verification) sometimes use data brokers; the bill's scope relative to these activities needs clarification

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

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