hb1009_00

As Introduced

136th General Assembly

Regular Session H. B. No. 1009

2025-2026

To enact sections 5507.01, 5507.02, and 5507.99 of the Revised Code to regulate the use of automated license plate recognition systems and mass surveillance technology and to name this act the Stop Flock Abuse Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5507.01, 5507.02, and 5507.99 of the Revised Code be enacted to read as follows:

Sec. 5507.01. As used in this chapter:

(A) "Automated license plate recognition system" means a system of one or more mobile or fixed high-speed cameras, sensors, or devices, combined with computer algorithms, that is capable of converting images of license plates, vehicle location, or other vehicle identification markers into computer-readable data.

(B) "Captured surveillance data" means the data and resulting metadata that is captured by, derived from, generated by, or inferred from an automated license plate recognition system or mass surveillance technology, including any images, photographs, videos, location information, or other forms of observation recording.

(C) "Government entity" means a state agency, public institution, political subdivision, or any other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.

(D) "Law enforcement agency" means a government entity that employs peace officers to perform law enforcement duties.

(E) "Mass surveillance technology" means any technology or device designed primarily to monitor, record, capture, or analyze the movements, activities, associations, or identifying characteristics of an individual in public spaces, including cameras, sensors, biometric identification systems, facial recognition systems, and gait recognition systems.

"Mass surveillance technology" does not include a camera that is used solely for monitoring a specific and defined area for immediate security purposes provided the camera is not integrated with an identification or recognition database or analytics system.

(F) "Peace officer" has the same meaning as in section 109.71 of the Revised Code and also includes the superintendent and troopers of the state highway patrol.

(G) "Private person" means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, limited liability company, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

"Private person" does not mean an individual who is employed by or contracted with a government entity while the individual is acting in an official capacity on behalf of a government entity.

Sec. 5507.02. (A) Except as provided in division (C) of this section, no private person shall knowingly access, collect, use, sell, transfer, or share any captured surveillance data.

(B) Except as provided in division (C) of this section, no government entity shall knowingly access, collect, use, sell, transfer, or share any captured surveillance data.

(1) A law enforcement agency or peace officer accessing, collecting, using, transferring, or sharing captured surveillance data in the course of the agency or officer's law enforcement activities;

(2) A private person or government entity accessing, collecting, using, selling, transferring, or sharing captured surveillance data within the course of normal business activity and within the scope of the private person's normal duties and employment or the government entity's normal activities, including for insurance purposes or for regulating access to private property;

(3) A private person or government entity accessing, collecting, using, transferring, or sharing captured surveillance data in accordance with a warrant, a court order, or any other similar circumstance as authorized by law;

(4) The Ohio turnpike and infrastructure commission or other toll project operator, as defined in section 5531.11 of the Revised Code, operating a camera for toll collection on a turnpike project, toll road, or toll bridge and any captured surveillance data that originates from the camera if all of the following apply:

(a) The camera and captured surveillance data are used solely for the purpose of billing users of that toll road or toll bridge by an electronic toll collection system or other similar means.

(b) The camera and captured surveillance data comply with the provisions specified in section 5531.148 or 5537.29 of the Revised Code, as applicable.

(c) The camera and captured surveillance data are not integrated with a law enforcement database or accessible to law enforcement without a warrant.

(5) Traffic law photo-monitoring devices that are operated in accordance with Chapter 4511. of the Revised Code or a substantially equivalent municipal ordinance.

(D) No peace officer shall knowingly access, collect, use, transfer, or share any captured surveillance data beyond the scope of the peace officer's duties.

Sec. 5507.99. Whoever violates division (A) or (D) of section 5507.02 of the Revised Code is guilty of a felony of the fifth degree.

Section 2. This act shall be known as the Stop Flock Abuse Act.