- (1) A photograph or other recorded evidence taken pursuant to M.G.L. c. 90K or 703 CMR 6.00 shall not be discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant M.G.L. c. 90K or 703 CMR 6.00, without a court order.
- (2) A photograph or other recorded evidence taken pursuant to M.G.L. c. 90K or 703 CMR 6.00 shall not be admissible in any judicial or administrative proceeding, other than in a proceeding to adjudicate liability for a Camera Enforceable Violation, without a court order.
- (3) A court shall not order a release of a photograph or other recorded evidence taken pursuant to M.G.L. c. 90K or 703 CMR 6.00 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.
- (4) Photographs and other recorded data collected by an Enforcing Authority pursuant to M.G.L. c. 90K or 703 CMR 6.00 shall not be a public record under M.G.L. c. 4, § 7, clause Twenty-sixth or M.G.L. c. 66.
- (5) Photographs produced by a Bus Mounted or Bus Stop Camera System shall not be used by an Enforcing Authority to identify the vehicle operator, a passenger, or the contents of the vehicle. If a photograph taken pursuant to M.G.L. c. 90K and 703 CMR 6.00 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 703 CMR 6.00. 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 73 CMR 6.00.
- (6) Photographs and other video recordings collected by a Bus Mounted Camera System or a Bus Stop Camera System shall be kept for no more than 120 days, unless otherwise required by law or to fulfill a permissible use under 703 CMR 6.00.
- (7) Except to comply with reporting requirements under 703 CMR 6.08, an Enforcing Authority, Violation Clerk 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 703 CMR 6.00.
REGULATORY AUTHORITY
703 CMR 4.00: M.G.L. c. 90K.