Assembly Member Alvarez proposes expanding government access to electronic device information in two specific scenarios under California's Electronic Communications Privacy Act. The legislation permits authorities to examine devices found with deceased individuals when reasonably believed to belong to the decedent, solely to determine cause of death or identify next of kin. It also allows access when someone discovers a device in their residence, vehicle, or personal property that they believe was used to track or record them without permission.

The measure adds these provisions while maintaining existing requirements that generally prohibit government entities from accessing electronic communications or device data without a warrant, wiretap order, or subpoena. Current law already permits access in emergencies involving danger of death or serious injury, with the specific consent of the device's authorized possessor, or when devices are reported lost or stolen.

Under both new scenarios, the bill includes procedural safeguards. For devices found with deceased persons, authorities must have a good faith belief the device belonged to the decedent. In cases of suspected unauthorized surveillance, access requires explicit consent from the individual who located the device. The legislation preserves existing protections requiring that any information obtained unrelated to these specific purposes must be sealed and cannot be further reviewed without a court order.