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