Mass. Gen. Laws ch. 90K, sec. 5 — MA Code / Part I / Title XIV / Chapter 90K / Section 5
Use and admissibility of photograph or other recorded evidence taken pursuant to this chapter
Status: in_force

Section 5. (a) A photograph or other recorded evidence taken pursuant to this chapter shall not be discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to this chapter shall not be admissible in any judicial or administrative proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter, without a court order. A court shall not order a release of a photograph or other recorded evidence taken pursuant to this chapter unless the photograph or other recorded evidence establishes or undermines a finding of a camera enforceable violation and the camera enforceable violation is material as to a finding of civil or criminal liability. (b) Photographs and other recorded data collected by an enforcing authority pursuant to this chapter shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66. (c) Photographs produced by a bus mounted or bus stop camera system shall not be used by an enforcing authority to identify the vehicle operator, the passengers or the contents of the vehicle. If a photograph taken pursuant to this chapter captures the vehicle operator, the passengers or the contents of the vehicle, the enforcing authority shall redact the photograph to remove or obscure the vehicle operator, passengers or contents of the vehicle before issuing a notice of violation under this chapter. An un-redacted photograph that includes the vehicle operator, passengers or contents of a motor vehicle committing a camera enforceable violation taken by a bus mounted or bus stop camera system shall not be discoverable or admissible in any judicial or administrative proceeding except by the registered owner of the vehicle and shall not be used as the basis for a camera enforceable violation under this chapter. (d) An enforcing authority or a manufacturer, servicer or vendor of a bus mounted or bus stop camera system shall maintain the confidentiality of and may not use, disclose, sell or permit access to data collected by such camera system except as such use, disclosure or access may be necessary to process camera enforceable violations in accordance with this chapter.

Section 5. (a) A photograph or other recorded evidence taken pursuant to this chapter shall not be discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to this chapter shall not be admissible in any judicial or administrative proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter, without a court order. A court shall not order a release of a photograph or other recorded evidence taken pursuant to this chapter unless the photograph or other recorded evidence establishes or undermines a finding of a camera enforceable violation and the camera enforceable violation is material as to a finding of civil or criminal liability.

(b) Photographs and other recorded data collected by an enforcing authority pursuant to this chapter shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66.

(c) Photographs produced by a bus mounted or bus stop camera system shall not be used by an enforcing authority to identify the vehicle operator, the passengers or the contents of the vehicle. If a photograph taken pursuant to this chapter captures the vehicle operator, the passengers or the contents of the vehicle, the enforcing authority shall redact the photograph to remove or obscure the vehicle operator, passengers or contents of the vehicle before issuing a notice of violation under this chapter. An un-redacted photograph that includes the vehicle operator, passengers or contents of a motor vehicle committing a camera enforceable violation taken by a bus mounted or bus stop camera system shall not be discoverable or admissible in any judicial or administrative proceeding except by the registered owner of the vehicle and shall not be used as the basis for a camera enforceable violation under this chapter.

(d) An enforcing authority or a manufacturer, servicer or vendor of a bus mounted or bus stop camera system shall maintain the confidentiality of and may not use, disclose, sell or permit access to data collected by such camera system except as such use, disclosure or access may be necessary to process camera enforceable violations in accordance with this chapter.