Boston's Privacy & Surveillance: The Rules That Matter

Every city handles privacy & surveillance a little differently. In Boston, Massachusetts, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

License Plate Readers

Boston classifies automatic license plate readers as regulated "surveillance technology," so city departments cannot acquire or use ALPRs without a Surveillance Technology Impact Report and Boston City Council approval by majority vote within 60 days. Retention limits and third-party data-sharing rules must be spelled out in an approved Surveillance Use Policy.

Key details: ALPR classification: Listed "surveillance technology", § 16-63.2(2). Pre-use approval: Boston City Council, majority vote. Council review window: 60 days from submission. Required filing: Surveillance Technology Impact Report. Data retention: Set in required Surveillance Use Policy.

The ordinance's enforcement, at § 16-63.6, bars surveillance data collected in violation of § 16-63 from being used as evidence in any city administrative or criminal proceeding, and allows any person to bring an action for injunctive or declaratory relief to enforce compliance. Council disapproval of an ALPR acquisition halts its use pending the Surveillance Oversight Advisory Board review process.

This is one of the stricter rules in Boston's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Facial Recognition Ban

Boston Code § 16-62 makes it unlawful for the city or any city official to obtain, retain, access or use a face surveillance system, or to contract with a third party to do so. The ban covers every city department, including the Boston Police Department, with only narrow carve-outs.

Key details: Adopted: Ord. 2020 c. 2. Applies to: All city depts. incl. Boston Police. Banned: Obtain, retain, access, use face surveillance. Key exception: Device unlock for user authentication only. Enforcement: Data deletion + private right of action.

Face surveillance data obtained in violation of § 16-62 must be deleted and is inadmissible in any city proceeding. Any person may sue for injunctive or declaratory relief or a writ of mandate, and a prevailing plaintiff recovers costs and reasonable attorneys' fees. A city employee who violates the ban faces retraining, suspension or termination, subject to due-process and collective-bargaining protections.

This is not one of those rules that cities tend to ignore. Boston actively enforces its facial recognition ban requirements.

The Bottom Line

Boston is tougher than many cities when it comes to privacy & surveillance. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Boston, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Boston can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.