- United States
- Mass.
- Letter
Protect MA Drivers: Support H.3755, the Driver Privacy Protections Act
To: Rep. Sweezey
From: A constituent in Pembroke, MA
January 23
I am your constituent writing to urge you to strongly support H.3755, An Act establishing driver privacy protections, and to actively help build additional co‑sponsorship and momentum for this essential civil liberties measure. Automated License Plate Reader (ALPR) systems—particularly those sold by Flock Safety—are rapidly spreading across Massachusetts, through municipal deployments and in the parking lots of national retailers like Lowe’s and Home Depot. Public records and analyses from the ACLU of Massachusetts show that Flock’s default settings allow license‑plate data collected in our communities to be automatically shared with thousands of law enforcement agencies nationwide, including those involved in civil immigration enforcement and abortion‑related investigations. This means that data captured on ordinary drivers in Massachusetts can end up accessible to ICE, Border Patrol, DHS, and out‑of‑state police—often without a warrant, local oversight, or public awareness. Massachusetts currently lacks any comprehensive law governing the use of ALPR technology, even as it enables mass, warrantless tracking of drivers’ movements and integration with other databases. Advocates have already documented cases where ALPR data from Massachusetts was used to assist immigration enforcement and at least one abortion‑related investigation by out‑of‑state actors. We have also seen peaceful protesters around the country detained or surveilled by federal agencies such as ICE, Border Patrol, and DHS. We cannot afford to give these agencies yet another powerful surveillance tool that could be turned against immigrants, people seeking care, or residents exercising their right to dissent. H.3755, sponsored by Representative Steven Owens with Representative Lindsay Sabadosa as co‑sponsor, would finally create clear statewide standards by adding a new Chapter 90K, “Driver Privacy Protections,” to the General Laws. The bill defines ALPR systems and data—along with tolling and in‑vehicle data—and sets critical safeguards: prohibiting use of ALPR data to monitor First Amendment‑protected activity; limiting retention of ALPR data to 14 days absent a specific criminal investigation; forbidding sale or transfer of ALPR or vehicle data; and requiring a search warrant before any agency can access data held by third parties or out‑of‑state entities. The bill also establishes careful regulations for tolling data, limiting its use to toll collection, system maintenance, narrowly defined emergencies, or serious felony investigations with judicial oversight. It generally requires permanent deletion within 120 days, and forbids sharing toll or vehicle data with law enforcement absent a warrant—except in limited emergency circumstances that must be documented and reported to the Attorney General within 48 hours. It further ensures accountability by making unlawfully collected or shared data inadmissible in court and granting individuals whose rights are violated a private right of action, including treble damages and attorney’s fees, alongside enforcement by the Attorney General. Unchecked ALPR and tolling data can become a potent surveillance weapon in the wrong hands—enabling the tracking of immigrants, patients seeking reproductive care, and residents who oppose federal policies. Because Flock’s systems link into a vast national network, even local departments that never “share” data directly with ICE still risk exposing our residents’ information through connected agencies elsewhere. H.3755 closes these dangerous loopholes by limiting retention, restricting sharing, and tying access to strict warrant standards and First Amendment protections. For these reasons, I respectfully ask that you: • Add or reaffirm your support as a co‑sponsor of H.3755, An Act establishing driver privacy protections, if you have not already. • Work with Representatives Owens and Sabadosa and with key committee chairs to recruit additional co‑sponsors in both chambers, emphasizing the bill’s importance for immigrant rights, reproductive freedom, and constitutional protections. • Advocate within your caucus and leadership to prioritize H.3755 this session—through timely committee action, favorable reporting, and floor consideration. • Publicly express your support through newsletters, social media, and community events so residents know the Legislature is acting to protect them from warrantless surveillance. Massachusetts has long been a leader in safeguarding civil rights, immigrant protections, and reproductive and gender‑affirming care. Those commitments mean little if our residents’ movements can still be quietly captured and fed into national databases exploited by federal or out‑of‑state authorities. H.3755 provides a balanced, enforceable framework that protects drivers’ privacy while preserving legitimate public‑safety uses under careful judicial oversight. I would appreciate knowing your position on H.3755 and whether you’re willing to help build additional sponsorship and support for its passage this session—ideally as soon as possible. The escalating incidents in Minneapolis and Maine underscore the urgency of acting now. Given the current federal climate and its hostility toward Massachusetts’ values, I fear these systems will soon be weaponized against our residents, immigrants, and activists if we fail to enact meaningful safeguards. We cannot afford to wait. Thank you for your leadership and for considering strong, proactive support for H.3755.
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