hb1010_00

As Introduced

136th General Assembly

Regular Session H. B. No. 1010

2025-2026

To enact sections 5507.01, 5507.02, 5507.03, 5507.031, 5507.04, 5507.05, 5507.06, 5507.07, 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 Ohio Freedom from Mass Surveillance Act.

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

Section 1. That sections 5507.01, 5507.02, 5507.03, 5507.031, 5507.04, 5507.05, 5507.06, 5507.07, 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.

(H) "Traffic law photo-monitoring device" has the same meaning as in section 4511.092 of the Revised Code.

Sec. 5507.02. The regulation of automated license plate recognition systems, mass surveillance technology, and captured surveillance data is a matter of general statewide concern that requires statewide regulation. Accordingly, except as otherwise authorized in the Revised Code, it is the intent of the general assembly to create uniform laws that are applicable throughout the state through Chapter 5507. of the Revised Code and to preempt any local ordinance, resolution, or other law adopted to regulate such automated license plate recognition systems, mass surveillance technology, and captured surveillance data.

Sec. 5507.03. (A) No government entity shall do either of the following unless otherwise authorized under this chapter:

(1) Purchase, lease, install, place, activate, operate, maintain, or otherwise utilize any automated license plate recognition system or mass surveillance technology;

(2) Collect, utilize, sell, transfer, or share any captured surveillance data.

(B) No government entity shall enter into, renew, or extend any agreement or contract with a private vendor, third party, contractor, data broker, or other person for any of the activities prohibited under division (A) of this section.

(C) No government entity shall access, search, receive, accept, view, download, or otherwise obtain any captured surveillance data from a data-sharing network, national database, or other similar third party that stores and disseminates such captured surveillance data unless either of the following apply:

(1) The captured surveillance data is stored in and obtained from a database that is required to be established and maintained under either state or federal law;

(2) A private person transfers the captured surveillance data to a law enforcement agency or other government entity as authorized under section 5507.031 of the Revised Code.

(D) Any government entity that has purchased, leased, installed, placed, activated, operated, maintained, or otherwise utilized any automated license plate recognition system or mass surveillance technology prior to the effective date of this section shall cease utilizing the system or technology not later than thirty days after the effective date of this section.

(E) A government entity shall permanently delete and destroy any captured surveillance data in that entity's control that is captured after the effective date of this section unless either of the following apply:

(1) The captured surveillance data is relevant to an ongoing investigation, trial, or litigation until it is determined that such data is no longer necessary for that purpose.

(2) The captured surveillance data is prohibited from being deleted or destroyed by either federal law, state law, or a court order.

(F) This section does not apply to any government entity that is exempt under section 5507.05 of the Revised Code for the limited purposes specified under that section.

Sec. 5507.031. (A) No private person shall do either of the following unless otherwise authorized under this chapter:

(1) Sell any captured surveillance data;

(2) Transfer or share any captured surveillance data unless the transfer or sharing is to one of the following:

(a) A law enforcement agency;

(b) A government entity or private person for use in a legal proceeding if the private person that collected the captured surveillance data is a party to such proceeding;

(d) Another private person that is affiliated with or related to the private person that collected the captured surveillance data.

(B) This section does not apply to any private person that is exempt under section 5507.05 of the Revised Code for the limited purposes specified under that section.

Sec. 5507.04. (A) Beginning on the effective date of this section, no person shall issue a citation, ticket, notice of violation, summons, or complaint or assess any fine, fee, penalty, or other monetary obligation to an individual if both of the following apply:

(1) The issuance or assessment is based on captured surveillance data.

(2) The captured surveillance data is inadmissible as evidence under division (B) of this section.

(B) Beginning on the effective date of this section, captured surveillance data is inadmissible as evidence in any civil or criminal proceeding unless, subject to the Rules of Evidence, one of the following apply:

(1) It was obtained pursuant to a valid search warrant supported by probable cause.

(2) A private person transferred the captured surveillance data to a law enforcement agency or other government entity as authorized under section 5507.031 of the Revised Code.

(3) The captured surveillance data is exempt from sections 5507.03 and 5507.04 under section 5507.05 of the Revised Code.

(C) Any citation, ticket, notice of violation, summons, complaint, fine, fee, penalty, or other monetary obligation imposed in violation of this section is void ab initio.

Sec. 5507.05. Sections 5507.03 and 5507.04 of the Revised Code do not apply to any of the following:

(A)(1) Except as provided in division (A)(2) of this section, a law enforcement agency or law enforcement officer operating a body-worn camera, a dashboard camera mounted in or on a law enforcement vehicle or vessel, or a handheld camera while the law enforcement officer is engaged in the performance of the law enforcement officer's duties and any captured surveillance data that originates from those cameras.

(2) Division (A)(1) of this section does not apply if the camera is capable of automatically reading license plates, integrates with an automated license plate recognition database or analytics system, or the captured surveillance data is stored for a period of time that is longer than required by the applicable records retention law for that data.

(B) A law enforcement agency or a law enforcement officer operating a camera or similar system, device, or technology pursuant to a valid search warrant issued in accordance with Chapter 2933. of the Revised Code. Any collected surveillance data shall be limited to the scope of the search warrant. Such data shall not be retained for more than ninety days after it is collected unless it is relevant to an ongoing investigation, trial, or litigation.

(C)(1) Except as provided in division (C)(2) of this section, a person utilizing a camera installed on a school bus for the sole purpose of recording violations of section 4511.75 of the Revised Code, or a substantially equivalent municipal ordinance, and any captured surveillance data that originates from the camera.

(2) Division (C)(1) of this section does not apply if the camera is capable of automatically reading license plates, integrates with an automated license plate recognition database or analytics system, or the captured surveillance data is not reviewed by a law enforcement officer in accordance with section 4511.751 of the Revised Code.

(D)(1) Except as provided in division (D)(2) of this section, a traffic monitoring camera operated by the department of transportation or a municipal traffic department and any captured surveillance data that originates from the camera that is used for real-time traffic management, incident detection, and traveler information purposes.

(2) Division (D)(1) of this section does not apply if the camera is capable of automatically reading license plates, integrates with an automated license plate recognition database or analytics system, or the captured surveillance data is stored for a period of time that is longer than required by the applicable records retention law for that data.

(E)(1) Except as provided in division (E)(2) of this section, a camera or recording device operated at a detention facility, jail, prison, courthouse, or other secure government facility and any captured surveillance data that originates from the camera or device for the purpose of monitoring the interior or immediate exterior of such facility for security purposes.

(2) Division (E)(1) of this section does not apply if the camera is capable of automatically reading license plates, integrates with an automated license plate recognition database or analytics system, or the captured surveillance data is stored for a period of time that is longer than required by the applicable records retention law for that data.

(F) The Ohio turnpike and infrastructure commission or a 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:

(1) 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;

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

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

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

Sec. 5507.06. (A) An individual has and may commence a civil cause of action against a person who utilized an automated license plate recognition system or mass surveillance technology after the effective date of this section if one of the following apply:

(1) The individual's movements, activities, or vehicle were monitored, recorded, captured, or analyzed by an automated license plate recognition system or mass surveillance technology in violation of division (A) of section 5507.03 or division (A) of section 5507.031 of the Revised Code;

(2) The individual's captured surveillance data was collected, utilized, sold, transferred, or shared in violation of division (A) of section 5507.03 of the Revised Code;

(3) The individual's captured surveillance data was accessed, searched, received, accepted, viewed, downloaded, or otherwise obtained unlawfully in violation of division (C) of section 5507.03 of the Revised Code;

(4) The individual was issued a citation, ticket, notice of violation, summons, or complaint or was assessed a fine, fee, penalty, or other monetary obligation in violation of section 5507.04 of the Revised Code.

(B) In any civil action brought under this section, a prevailing plaintiff is entitled to reasonable attorney's fees, the costs of bringing the civil action, and all of the following, as applicable:

(1) An injunction or a temporary restraining order prohibiting further use of the automated license plate recognition system or mass surveillance technology or destruction of all captured surveillance data;

(2) Compensatory damages for harm resulting from the violation in one of the following forms:

(a) Damages in the amount of one thousand dollars for each separate instance of a violation of division (A) of section 5507.03 of the Revised Code or in the amount of five thousand dollars for each separate instance of a violation of division (C) of section 5507.03 of the Revised Code;

(b) Three times the amount paid for any fine, fee, penalty, or other monetary obligation assessed in violation of division (A) of section 5507.04 of the Revised Code;

(3) Punitive damages for harm resulting from the violation;

(4) Any other relief the court determines is just and proper.

(C) Sovereign immunity, qualified immunity, or governmental immunity are not defenses to any action brought under this section.

(D) Any contractual provision, arbitration clause, choice of law provision, or forum selection clause that purports to limit, waive, or restrict the rights or remedies provided in this section is void ab initio.

(E) A civil action may be commenced under this section by an individual who has been harmed by a violation of section 5507.03, 5507.031, or 5507.04 of the Revised Code either alone or as a party to a class action under Civil Rule 23.

Sec. 5507.07. (A) If the attorney general, by the attorney general's own inquiries or investigation or as a result of complaints, has reasonable cause to believe that any person has engaged or is engaging in an act or practice that violates section 5507.03, 5507.031, or 5507.04 of the Revised Code, the attorney general may bring an action, with notice as required by Civil Rule 65, to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain the act or practice.

(B) If the attorney general shows by a preponderance of the evidence that the person has violated or is violating section 5507.03, 5507.031, or 5507.04 of the Revised Code, the court may issue a temporary restraining order, preliminary injunction, or permanent injunction to restrain and prevent the act or practice.

(C) On motion of the attorney general, or on its own motion, the court may impose a civil penalty of not more than ten thousand dollars for each day of violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under this division, if the person received notice of the action. The civil penalties shall be paid as provided in division (D) of this section.

(D) Civil penalties ordered pursuant to division (C) of this section shall be paid to the treasurer of state to the credit of the general revenue fund.

Sec. 5507.99. (A) Whoever knowingly violates division (A) or (B) of section 5507.03 or division (A) of section 5507.031 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

(B) Whoever knowingly violates division (C) of section 5507.03 of the Revised Code is guilty of a felony of the fourth degree.

Section 2. This act shall be known as the Ohio Freedom from Mass Surveillance Act.