Montana approves the ballot initiative on electronic data privacy

Helena, Montana – A ballot initiative that requires state and municipal governments in Montana to acquire a warrant before accessing private electronic data and conversations appears to have been approved by Montana voters.

With 339,772 votes tabulated as of 1:40 a.m. on Wednesday, unofficial results indicated that Montana voters decisively supported Constitutional Amendment 48 by a margin of 82% to 18%.

Only 11 words in the Montana Constitution are altered by the initiative, but they address a significant issue: the exploitation of people’s personal data.

C-48 adds “electronic data and communications” directly to the list of things exempt from arbitrary search and seizure. Emails, chat messages, among other things, could be included, according to supporters.

Currently, Article II, Section 11 of the state constitution reads:

“The people shall be secure in their persons, papers, homes and effects from unreasonable searches and seizures. No warrant to search any place, or seize any person or thing shall issue without describing the place to be searched or the person or thing to be seized, or without probable cause, supported by oath or affirmation reduced to writing.”

C-48 would update that language to:

“The people shall be secure in their persons, papers, electronic data and communications, homes, and effects from unreasonable searches and seizures. No warrant to search any place, to seize any person or thing, or to access electronic data or communications shall issue without describing the place to be searched or the person or thing to be seized, or without probable cause, supported by oath or affirmation reduced to writing.”

Opponents of the measure said it wasn’t needed since, in most cases, state law already requires a warrant before government entities can get data off an electronic device. However, there are exceptions if the owner consents and in certain emergency situations.