HOUSE DOCKET, NO. 857        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 768

The Commonwealth of Massachusetts

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PRESENTED BY:

Marjorie C. Decker and Eric P. Lesser

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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 relative to the tracking of certain electronic devices.

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PETITION OF:

HOUSE DOCKET, NO. 857        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 768

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1256 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the tracking of certain electronic devices.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 13 of chapter 6C of the General Laws, amended by section 13 of chapter 46 of the acts of 2013, is hereby further amended by adding the following 5 subsections:-

(d) Any technology used for toll collection under this chapter, including radio-frequency identifying transponders, shall not be used to identify the location of any vehicle for purposes other than charging and collecting and, from time to time, fixing and revising tolls for transit under this section.

(e) No data derived from any technology used for toll collection under this chapter, including but not limited to the GPS coordinates, date and time, photograph, license plate number or other identifying information regarding any vehicle, shall be shared with or provided to any entity outside the department without a valid warrant issued pursuant to the requirements of sections 2 to 3A, inclusive, of chapter 276.

(f) Any data obtained or accessed in violation of subsection (e) shall be inadmissible in any criminal or civil proceeding; provided, however, that an individual whose rights have been violated by the improper transfer of or access to data derived from any technology used for toll collection under this chapter, may introduce evidence concerning such data in a civil action brought pursuant to subsections (h) or (i) or may grant permission to another party in a civil proceeding to introduce such evidence.

(h) Any aggrieved person may institute a civil action in district or superior court for damages resulting from a violation of subsection (e), or in superior court to restrain any such violation.  If in any such action a willful violation is found to have occurred, the violator shall not be entitled to claim any privilege absolute or qualified, and he shall, in addition to any liability for such actual damages as may be shown, be liable for exemplary damages of not less than $100 and not more than $1,000 for each violation, together with costs and reasonable attorneys’ fees and disbursements incurred by the person bringing the action.

(i) Any use of data obtained or accessed in violation of subsection (e) of this section shall be a violation of chapter 93A.