Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3755 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1032 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3755
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing driver privacy protections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/14/2025Lindsay N. Sabadosa1st Hampshire1/21/2025 1 of 6
16	16	HOUSE DOCKET, NO. 1032 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3755
18	18	By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 3755) of
19	19	Steven Owens and Lindsay N. Sabadosa for legislation to establish driver privacy protections.
20	20	Transportation.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3404 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing driver privacy protections.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 90J the
32	32	2following chapter:-
33	33	3 CHAPTER 90K. DRIVER PRIVACY PROTECTIONS.
34	34	4 Section 1. As used in this chapter, the following words shall have the following meanings
35	35	5unless the context requires otherwise: -
36	36	6 “Automated license plate reader system” or “ALPR system”, an automated system of one
37	37	7or more mobile or fixed high-speed cameras used in combination with computer algorithms to
38	38	8 convert images of license plates into computer-readable license plate identifying data. 2 of 6
39	39	9 “Automated license plate reader data” or “ALPR data”, all data collected by automated
40	40	10license plate reader systems, including but not limited to the GPS coordinates, location, date and
41	41	11time, speed of travel, photograph, license plate number, or other identifying information;
42	42	12provided that ALPR data does not include tolling data.
43	43	13 “Toll collection technology”, any technology used for toll collection or assessment,
44	44	14including radio-frequency identifying transponders and automated license plate reader systems.
45	45	15 “Tolling data”, any data captured or created by toll collection technologies, including,
46	46	16without limitation, GPS coordinates or other vehicle location information, dates and times
47	47	17traveled, images, vehicle speed, and license plate numbers, existing in any form or medium,
48	48	18whether electronic, paper or otherwise, and any copies thereof;
49	49	19 “Preservation request”, written notice obtained by a federal, state or municipal law
50	50	20enforcement agency or a defendant in a criminal case requesting that certain tolling data be
51	51	21preserved and retained for a specified period of time from the date such request is received;
52	52	22 provided, that such preservation request shall be accompanied by an affidavit stating: (i)
53	53	23the
54	54	24 parameters identifying which tolling data must be preserved, including, without
55	55	25limitation, the
56	56	26 license plate numbers, if any, and the dates, times, and locations; and (ii) that such
57	57	27specified
58	58	28 period of time is necessary to obtain a search warrant or production order compelling the
59	59	29production of such tolling data; 3 of 6
60	60	30 “Production order”, an order or summons obtained by a defendant in a criminal case
61	61	31charged with a felony requiring the department or an agent of the department to produce tolling
62	62	32data; provided, that such order or summons shall be issued in compliance with Massachusetts
63	63	33 30 Rule of Criminal Procedure 17(a)(2); provided further, that any tolling data produced
64	64	34in response to such order or summons shall be deemed privileged for the purposes of complying
65	65	35therewith;
66	66	36 “Search warrant”, (i) a federal search warrant issued upon a determination of probable
67	67	37cause by a court or justice authorized to issue warrants in criminal cases that meets the
68	68	38requirements of the Federal Rules of Criminal Procedure; or (ii) a state search warrant issued
69	69	39pursuant to the requirements of sections 2 through 3A, inclusive, of chapter 276 by a court or
70	70	40justice authorized to issue warrants in criminal cases.
71	71	41 “Vehicle data”, GPS information revealing the location of vehicles that is created by the
72	72	42hardware or software in vehicles and that is collected or accessed by private parties other than
73	73	43the driver, including but not limited to original equipment manufacturers, vehicle software
74	74	44providers, and aftermarket analysts of onboard diagnostics.
75	75	45 Section 2.
76	76	46 Persons acting under color of state law shall not:
77	77	47 (a) use an ALPR system to track or otherwise monitor activity protected by Articles II or
78	78	48XVI of the Massachusetts Declaration of Rights or the First Amendment to the United States
79	79	49Constitution; 4 of 6
80	80	50 (b) retain ALPR data longer than 14 days except in connection with a specific criminal
81	81	51investigation based on articulable facts linking the data to a crime;
82	82	52 (c) disclose or permit access to ALPR data except as required in a judicial proceeding;
83	83	53 (d) sell, lease, rent, or purchase ALPR data or vehicle data; or
84	84	54 (e) access ALPR data from other governmental or non-governmental entities except
85	85	55pursuant to a valid search warrant.
86	86	56 Section 3.
87	87	57 (a) Notwithstanding any general or special law or regulation to the contrary, toll
88	88	58collection technologies shall only be used to identify the location of any vehicle for tolling
89	89	59purposes under section 13 of chapter 6C of the general laws.
90	90	60 (b) The department of transportation, and any agent acting on its behalf, shall not access,
91	91	61search, review, disclose, or exchange tolling data in its possession, custody, or control except as
92	92	62necessary to:-
93	93	63 i. assess, collect or pursue the payment tolls or fines or surcharges related to unpaid tolls;
94	94	64 ii. install, maintain or repair an ALPR or transponder system or a system storing tolling
95	95	65data;
96	96	66 iii. respond to a reasonable belief that an individual is at imminent risk of serious physical
97	97	67injury, death or abduction in accordance with this section;
98	98	68 iv. comply with a search warrant, production order, or preservation request issued in
99	99	69connection with the investigation or prosecution of a felony. 5 of 6
100	100	70 (c) Notwithstanding any general or special law or regulation to the contrary, the
101	101	71department of transportation shall permanently erase or destroy all tolling data in its possession,
102	102	72custody, or control not later than 120 days following the date on which the tolling data was
103	103	73created; provided, however, that the department may retain tolling data beyond the 120-day
104	104	74period as necessary to comply with a search warrant, production order, or preservation request,
105	105	75or as necessary to collect unpaid tolls or fines or surcharges related to unpaid tolls.
106	106	76 Section 4. Law enforcement access to toll collection and vehicle data
107	107	77 (a) No toll collection or vehicle data shall be shared with or provided to any law
108	108	78enforcement entity or any law enforcement official without a search warrant; provided, however,
109	109	79that a law enforcement entity or official may request and obtain such data without a search
110	110	80warrant if it reasonably believes that an individual is at imminent risk of serious physical injury,
111	111	81death or abduction and that such data is necessary to solve such situation. The request shall be
112	112	82narrowly tailored to address the emergency and subject to the following limitations:
113	113	83 (i) the request shall document the factual basis for believing the existence of a situation
114	114	84that requires obtaining toll collection or vehicle data without delay because an individual is at
115	115	85imminent risk of serious physical injury, death, or abduction; and
116	116	86 (ii) not later than 48 hours after the government office obtains access to records, it shall
117	117	87file with the office of the attorney general a written notice describing with particularity the
118	118	88grounds for such emergency access and the parameters of the tolling data or vehicle data
119	119	89accessed, searched, reviewed or disclosed.
120	120	90 Section 5. 6 of 6
121	121	91 Notwithstanding any general or special law or regulation to the contrary, ALPR data,
122	122	92tolling data, and vehicle data collected, retained, disclosed, sold, rented, leased, purchased, or
123	123	93accessed in violation of this chapter shall not be admitted, offered or cited by any governmental
124	124	94entity for any purpose in any criminal, civil, or administrative proceeding; provided, however,
125	125	95that an individual whose rights have been violated by the improper transfer of or access to these
126	126	96data, may introduce evidence concerning such data in a civil action brought pursuant to section 6
127	127	97or may grant permission to another party in a civil proceeding to introduce such evidence.
128	128	98 Section 6. Enforcement.
129	129	99 (a) Any aggrieved person may institute a civil action in a district or superior court for
130	130	100damages resulting from a violation of this chapter, or in superior court for injunctive relief to
131	131	101restrain any such violation.
132	132	102 (b) If in any such action a willful violation is found to have occurred, the violator shall
133	133	103not be entitled to claim any privilege absolute or qualified. In addition to any liability for such
134	134	104actual damages as may be shown, the violator shall be liable for treble damages, or, in the
135	135	105alternative, exemplary damages of not less than one hundred and not more than one thousand
136	136	106dollars for each violation, together with costs and reasonable attorney’s fees.
137	137	107 (c) The attorney general shall enforce this chapter and shall have the power to petition the
138	138	108court for injunctive relief and other appropriate relief against any person that fails to comply
139	139	109therewith.