Why Somerville Has Some of the Strictest Privacy & Surveillance in the State

Somerville maintains 147 local ordinances across all categories, and 3 of those deal specifically with privacy & surveillance. Here is a breakdown of what the city actually requires, what is prohibited, and where Somerville falls on the strict-to-permissive spectrum compared to other cities.

Facial Recognition Ban

Somerville makes it unlawful for any city department, agency, or official to obtain, retain, access, or use a face surveillance system, or any data derived from one, under Sec. 9-25 of the Code of Ordinances, adopted in June 2019.

Key details: Adopted: Ord. No. 2019-16, effective 6/27/2019. Covered entities: Every city dept., official, contractor, vendor. Remedy: Suppression of unlawfully obtained data. Legal action: Injunctive/declaratory relief or writ of mandamus. State/federal rights: Not limited by this ordinance.

Any violation gives rise to a private cause of action: a person may seek injunctive relief, declaratory relief, or a writ of mandamus in any court of competent jurisdiction, naming the city and, if necessary, any other government agency holding the unlawfully obtained data (Sec. 9-25(c)(2)). The city also addresses alleged violations through its usual practices and any applicable contractual obligations (Sec. 9-25(c)(3)).

Compared to other cities, Somerville takes a harder line on facial recognition ban. The enforcement and penalty structure reflects that.

Security Camera Rules

Somerville treats security cameras as regulated 'surveillance technology' under its surveillance oversight ordinance: any city department that wants to install cameras beyond narrow internal-security exemptions needs city council approval first. Cameras watching only a municipal building's own entryways are carved out, but broader police or public-area camera deployments are not.

Key details: Approval required: Before new city camera use. Council review window: 60 days (excludes June-Aug). Exempt: Internal building-security cameras (Sec. 10-63(b)(11)). Enforcement: Mayor's office (Sec. 10-67). Residential/private cameras: No ordinance exists.

Enforcement is handled by the mayor's office under Sec. 10-67. Camera data collected or used in violation of the article is barred from admission as evidence in any city proceeding, and any person may bring an action for injunctive relief, declaratory relief, or a writ of mandamus in court to force compliance; city employees who report violations are protected from retaliation under the state whistleblower statute, G.L. c. 149, § 185.

This is not one of those rules that cities tend to ignore. Somerville actively enforces its security camera rules requirements.

License Plate Readers

Automatic license plate readers are named surveillance technology under Somerville's oversight ordinance, so the police department cannot deploy or expand an ALPR/Flock-style program without city council approval first. Each year the department must publicly disclose whether ALPR data was shared with federal agencies, including the recipient and legal basis.

Key details: ALPR status: Named surveillance technology (Sec. 10-62(b)). Approval required: Before deployment or expansion. Council review window: 60 days (excludes June-Aug). Annual report: Must disclose federal/ICE data sharing. Emergency use: 90 days without prior approval.

Sec. 10-67 puts enforcement in the mayor's office: any ALPR data collected or used in violation of Article III is inadmissible as evidence in any city proceeding, and any person may sue in court for injunctive relief, declaratory relief, or a writ of mandamus to force compliance, with the action brought against the city and any agency holding the disputed data.

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

The Bottom Line

Somerville is tougher than many cities when it comes to privacy & surveillance. Out of the 3 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Somerville, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Somerville's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.