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County staff, attorneys flag risks if contracts allow vendor privacy-policy changes

Montgomery County Public Safety Committee · February 2, 2026
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Summary

Council staff described a proposed procurement clause banning material alteration of vendor privacy policies without county consent, while executives and attorneys warned the county generally avoids ceding data rights; committee members raised the possibility of a case-by-case waiver via council resolution.

One debated provision in Bill 4-25 would require county contracts for public-safety technology to prohibit material alteration of vendor privacy policies without the county’s written consent. Mary Wellens told the committee the lead sponsor’s amendment would allow the council to waive that requirement by resolution on a case-by-case basis.

A county attorney representative said the county "generally do[es] not enter into contracts where we give up data rights as a general principle," and cited Flock — a vendor that shared data with federal authorities in past episodes — as an example that motivates caution. Staff and members discussed adding procurement language that prevents unwanted downstream data-sharing while allowing predictable, non-material vendor updates to proceed without repeated council action.