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HD 5114

An Act to protect privacy of motor vehicle owners and operators from electronic spying

194th Legislature (2025-2026) Introduced by Michelle DuBois and 6 co-sponsors

Prohibits using private vehicle telematics data in legal actions; mandates destruction after diagnosis/repair; bans sale/secondary use; empowers AG enforcement.

Referred to the committee on House Rules
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Bill Summary · HD 5114

Summary: HD 5114 — An Act to protect privacy of motor vehicle owners and operators from electronic spying

Overview

HD 5114 is a proposed Massachusetts bill introduced on September 11, 2025 and referred to the House Rules Committee. The bill would add a new Section 64 to Chapter 90 of the General Laws to create broad privacy protections for privately owned and operated motor vehicles against the use of automobile surveillance data.

Sponsor: Representative Carmine Lawrence Gentile (Sudbury). The bill targets data collected by so‑called automobile surveillance devices and establishes strict limits on admissibility, collection, and use of such data, with enforcement and remedies provided.

Key Provisions at a Glance

  • Definition of terms

    • "Automobile surveillance device": devices that record or locate information about a private vehicle’s location, movements, operation, or use (e.g., telematics, event data recorders, GPS, onboard diagnostics, Bluetooth trackers).
    • "Private vehicle": privately owned and operated motor vehicles (cars, SUVs, vans, motorcycles, pickups, etc.).

  • Evidence and admissibility (prohibition)

    • Data from automobile surveillance devices may not be used or admitted in any legal or administrative proceeding in Massachusetts.
    • Such data cannot be the basis for probable cause, or warrants, arrests, or motor vehicle stops.
    • Convictions grounded in this data are void.

  • Restrictions on data collection and use

    • Data may only be collected or used by the owner/operator for diagnosing/repairing the vehicle, or by authorized mechanics/repair facilities for those purposes.
    • Within 5 days after diagnosis/repair, all data must be completely destroyed by the mechanic or repair facility.
    • Data cannot be sold, leased, transferred, or used for any other purpose; manufacturers, insurers, or warranty providers cannot condition warrants or other terms on access to this data.

  • Contractual nullification

    • Privacy protections cannot be overridden by contracts or agreements; any such provisions are void as a matter of public policy.

  • Enforcement and remedies

    • Violations are treated as a Chapter 93A violation.
    • Affected individuals may seek injunctive relief, compensatory and punitive damages, attorneys’ fees, costs, and interest.
    • The Attorney General may enforce the protections and recover fees/costs. There is a presumption of harm if the data is used by non-owners or outside the scope of diagnosis/repair.

  • Exemptions

    • Not applicable to motor vehicles owned/operated by Commonwealth employees or public agencies when used in official capacity.
    • Excludes commercial trucks over 8,000 pounds, buses under USDOT rules, and vehicles used to transport students, the elderly, or handicapped persons for hire.

What This Means

  • Private vehicle owners gain strong privacy protections against the use of telematics and other surveillance data for law enforcement, investigations, or non-diagnostic purposes.
  • Data gathered during legitimate maintenance must be destroyed promptly; data handling is tightly restricted, with no allowable sale or secondary use.
  • Contracts cannot override these rights, and violations open the door to civil remedies and AG enforcement.
  • Specific exemptions acknowledge practical and public-safety considerations for certain vehicle categories and government use.

Status and Next Steps

  • Status: Referred to the House Rules Committee (as of 9/11/2025).
  • The bill would take effect upon enactment if passed, with details on any effective date not specified in the text provided.

Compiled from official sources — confirm details with the bill’s official record.

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