HD.5114

Chapter 90 of the General Laws is hereby amended by adding the following section:-
Section 64. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Automobile surveillance device”, any electronic or electrically powered device that creates or records information or data about the location, movements, operation or use of private vehicles, including telematic devices, event data recorders, GPS tracking devices, onboard diagnostic devices and Bluetooth tracking devices.
“Private vehicle”, a motor vehicle, as defined in section 1, that is privately owned and operated, including, but not limited to, cars, sport utility vehicles, vans, motorcycles, motor scooters and pickup trucks.
(b) No information or data located in or collected by an automobile surveillance device shall be admissible in any legal or administrative proceeding in the commonwealth. Courts and administrative agencies presented with such information or data shall exclude it from evidence.  No such information or data may be used as the basis of probable cause or as the basis, in whole or in part, for any search warrant, arrest warrant or motor vehicle stop.  Any conviction based in whole or in part on information or data collected from an automobile surveillance device shall be void.
(c) No information or data located in or collected by an automobile surveillance device may be collected, gathered, sold, leased or allowed to be used for any purpose other than by the owner or operator of a private vehicle to diagnose and repair the vehicle and by mechanics and repair facilities retained by the owner or operator to diagnose and repair said vehicle. Within 5 days after a private vehicle is diagnosed or repaired, the mechanic or repair facility shall wholly, completely and irrevocably destroy all information and data recorded. No mechanics or repair facilities may sell, lease, transfer or allow the use of such information or data for any purpose whatsoever. No seller, manufacturer, insurer or other person may use such information or data for any purpose. No manufacturer, seller or provider of warranties for passenger motor vehicles may condition or limit warranties on access to or use of such information or data.
(d) No contract or agreement may modify or supersede the privacy protection rights of owners and operators.  Relevant provisions of such contracts or agreements shall be null and void as a violation of public policy.
(e) A violation of this section shall be a violation of chapter 93A.
(f) Any person whose information or data is collected, possessed or used shall have the right to injunctive relief, compensatory damages, punitive damages, attorneys fees, costs and interest. The attorney general may enforce the privacy protections established in this section and may recover attorneys fees, costs and interest. It shall be presumed that the use or possession of such information or data by persons other than the owner or operator or by mechanics solely for the diagnosis or repair of motor vehicles has caused and will cause harm to the owner or operator.
(g) This section shall not apply to a motor vehicle owned or operated by an employee of the commonwealth, or any municipality, agency or political subdivision thereof, and used in the course of their employment. This section shall not apply to commercial trucks with a weight of more than 8,000 pounds, buses operating under United States Department of Transportation regulations or motor vehicles used to transport students, the elderly or handicapped persons for hire.
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