Representative Steven Owens filed House Bill No. 3755 on Jan. 14, 2025, proposing a new Chapter 90K titled “Driver Privacy Protections” that would set statewide limits on automated license plate reader (ALPR) systems, tolling data and certain vehicle-generated data.

The bill, titled “An Act establishing driver privacy protections,” defines ALPR systems and ALPR data and bars several practices by persons acting under color of state law. It would prohibit using ALPR systems to track or monitor activity protected by Articles II or XVI of the Massachusetts Declaration of Rights or by the First Amendment to the U.S. Constitution. The bill would limit retention of ALPR data to 14 days unless the data are connected to a specific criminal investigation based on articulable facts.

The measure distinguishes “tolling data” from ALPR data. It says toll collection technologies may be used only for tolling purposes under section 13 of chapter 6C and directs the Massachusetts Department of Transportation (DOT) and its agents not to access, search, review, disclose or exchange tolling data except for a short list of purposes: collecting tolls, installing or maintaining equipment, responding to imminent risk of serious physical injury, death or abduction, or complying with a search warrant, production order or preservation request in a felony investigation. The bill would require DOT to erase or destroy tolling data no later than 120 days after creation, unless retention is necessary to comply with a warrant, production order or preservation request or to collect unpaid tolls or fines.

Under the bill, no tolling or vehicle data held by private parties or government entities may be shared with law enforcement without a search warrant, except when an agency reasonably believes an individual faces imminent risk of serious physical injury, death or abduction. Emergency access would have to be narrowly tailored, documented with the factual basis for the emergency, and the accessing agency must file a written notice with the attorney general within 48 hours describing the grounds for emergency access and the parameters of the data accessed.

The bill also says ALPR data, tolling data and vehicle data collected or accessed in violation of the chapter would be inadmissible in criminal, civil or administrative proceedings. It creates a private civil right of action: an aggrieved person may sue for damages or seek injunctive relief. For willful violations, the bill provides that violators could be liable for treble damages or exemplary damages of not less than $100 and not more than $1,000 per violation, plus costs and reasonable attorney’s fees. The attorney general is authorized to enforce the chapter and seek injunctive relief.

Representative Lindsay N. Sabadosa is listed as an additional petitioner on the bill filing. The bill docket lists Transportation as the committee or subject matter area. The filing cites similar matter from the prior session (House No. 3404 of 2023–2024).