Boston, MA Privacy & Surveillance: License Plate Readers (2026)
Key Facts
- 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
- Exigent-use exception
- Up to 30 days, then must report
- Remedy for violation
- Injunctive/declaratory relief, any person
Summary
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.
SURVEILLANCE TECHNOLOGY... Examples of SURVEILLANCE TECHNOLOGY include, but are not limited to: (1) International mobile subscriber identity ("IMSI") catchers and other cell-site simulators; (2) Automatic license plate readers... The Mayor's Office must seek and obtain approval from the Boston City Council as set forth in this Section prior to the city acquiring, using or entering into an agreement to acquire, share or otherwise use, unapproved surveillance technology or surveillance data... The Boston City Council shall have 60 days from the date of submission to approve or deny a request by majority vote for the acquisition or use of surveillance technology.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
Boston Code of Ordinances § 16-63, the Ordinance on Surveillance Oversight and Information Sharing (Ord. 2021 c. 14; Ord. 2022 c. 2, alongside cell-site simulators, biometric systems and gunshot detectors. 3's Community Control Over Surveillance framework, which applies to BPD, Boston Public Schools, Boston Public Health Commission, Boston Parks Department Park Rangers, Boston Housing Authority, Boston Municipal Protection Services and the Office of Emergency Management. 3(D) requires the department to submit a Surveillance Technology Impact Report, describing the technology, its purpose, what data it gathers, who can access it, privacy and civil-rights impacts, and fiscal cost, to the Mayor's Office, which forwards it to the Boston City Council.
The Council then has 60 days to approve or deny the request by majority vote; a denial routes the request to the five-member Surveillance Oversight Advisory Board for recommendations before the Mayor may resubmit a modified request. and any obligation(s) imposed on the recipient," covering any third-party or federal data-sharing arrangement. Departments may bypass pre-approval only in exigent circumstances for up to 30 days, but must then report the use to the Council in writing within 30 days and file the Impact Report retroactively.
Violations & Fines
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.
Frequently Asked Questions
Does Boston City Council have to approve license plate readers before police use them?
How long can Boston keep license plate reader data?
Can Boston share ALPR data with federal agencies?
What happens if Boston uses ALPR data collected without Council approval?
Sources & Official References
Other rules in Boston
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