Published: February 2013

In favor of cell phone privacy in Maryland

Because personal and often private information can be revealed by cell phone location tracking, Consumer Action and the ACLU insist that law enforcement in Maryland obtain a search warrant based upon probable cause before accessing this information.

Consumer Action joins the ACLU in supporting Maryland's HB 887. The bill would require law enforcement or agent of the State to obtain a search warrant based upon probable cause prior to obtaining cell phone location tracking information. HB 887 provides that a warrant is not required:  in order to respond to a user’s call for emergency services; with the express consent of the owner or user of the communications device; or if the agent of the State believes that an emergency involving immediate danger of death or serious physical injury to a person requires obtaining without delay information relating to the emergency.  Further, the bill provides that a copy of the search warrant and notice be served on the customer.  However, this notice can be deferred if it would have an adverse result on an investigation.

Lead Organization

American Civil Liberties Union (ACLU)

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In favor of cell phone privacy in Maryland   (DDP_Orgs_Letter.pdf)