Sec. 8. Privacy
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In carrying out this Act, the Secretary, the Administrator of the Energy Information Administration, and the Secretary of Homeland Security shall identify, incorporate, and follow best practices for protecting the privacy of individuals and businesses and the respective sensitive data of the individuals and businesses, including by managing privacy risk and implementing the Fair Information Practice Principles of the Federal Trade Commission for the collection, use, disclosure, and retention of individual electric consumer information in accordance with the Office of Management and Budget Circular A–130 (or successor circulars).
No Federal entity shall request the creation, recording, or collection of data identified to an individual person as a result of this Act. In this subsection: The term governmental entity has the meaning given that term in section 2711 of title 18, United States Code. The terms judge of competent jurisdiction and State have the meanings given such terms in section 2510 of title 18, United States Code. A governmental entity may obtain from an electric utility, third-party aggregator, or other nongovernmental entity under an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena the— name of an electric consumer; address of an electric consumer; length of service (including start date) of, and types of service used by, an electric consumer; and means and source of payment for such service (including any credit card or bank account number) of an electric consumer.
A governmental entity may only require the disclosure by an electric utility, third-party aggregator, or other nongovernmental entity of information regarding the use of electricity by an electric consumer (including monthly usage data, data at a greater level of detail or specificity, and information about electric use by specific appliances) pursuant to a warrant issued based on probable cause, using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction.
Not later than 30 days after obtaining a warrant for electric usage information described in paragraph (3), a governmental entity shall notify each electric consumer whose information was obtained. Upon application by a governmental entity, a judge of competent jurisdiction may issue an order authorizing the governmental entity to delay notice under subparagraph
(A)for a period of not more than 180 days if the judge finds reason to believe notifying the electric consumer of the order will result in— endangering the life or physical safety of an individual; flight from prosecution; destroying of or tampering with evidence; intimidation of potential witnesses; or otherwise seriously jeopardizing an investigation or unduly delaying a trial. Upon application by a governmental entity, a judge of competent jurisdiction may renew an order delaying notice under clause
(i)for additional periods of not longer than 180 days if the judge makes a finding described in clause (ii). Any electric usage information described in paragraph (3), or evidence directly or indirectly derived from such information, may not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the obtaining of the information was not conducted in accordance with this subsection. In January of each year, each governmental entity shall submit to the Administrative Office of the United States Courts information regarding any warrant described in paragraph
(3)that was sought or obtained by the governmental entity during the previous year, including— the number of warrants described in paragraph
(3)sought by the governmental entity; the number of warrants described in paragraph
(3)obtained by the governmental entity; and for each warrant described in paragraph
(3)sought or obtained by the governmental entity— the offense specified in the application; and the identity of the officer applying for the warrant. As part of the report submitted under section 2519(3) of title 18, United States Code, the Administrative Office of the United States Courts shall provide to Congress, with respect to the previous year— the number of warrants described in paragraph
(3)sought by governmental entities; the number of warrants described in paragraph
(3)obtained by governmental entities; and a summary and analysis of the data required to be filed with the Administrative Office under subparagraph (A).