SB26-070: YOUR NO VOTE IS RESPECTFULLY REQUESTED

WHAT DOES THE BILL DO?

Senate Bill 26-070 -Ban Government Access to Historical Location Information, would place significant and unworkable restrictions on a law enforcement’s ability to use automated license plate reader (ALPR) technology and other historical location information. Cities and towns are already on the frontlines of creating reasonable guardrails around this technology. SB26-070 doesn’t build on those efforts, it overrides them with rigid, statewide mandates that do not reflect how investigations work. While framed as a privacy measure, SB26-070 ties the hands of law enforcement to use lawfully collected information for legitimate public safety purposes and victim assistance.

WHY YOU SHOULD VOTE NO

CML has worked in good faith with the bill sponsors to identify reasonable, balanced guardrails for the use of this technology. Those efforts have been unsuccessful. As drafted, SB26-070 imposes rigid mandates that are disconnected from investigative realities and municipal operations.

• SB26-070 requires a warrant to access historical local information that is more than 72 hours old, which does not reflect how investigations work. For instance, if law enforcement only has a vehicle description or half of a license plate number, it is not possible to obtain a warrant, which means law enforcement wouldn’t be able to access critical data that could help close an investigation.
• Traffic enforcement cameras would have to permanently delete their data after 30 days because they are looped into the definition of “historical location data.” This is not reflective of how the technology is used because that data may be needed for disputes or other court proceedings.
  
• The bill no longer excludes historical location information from the definition of “public record,” suggesting such data may be subject to an open records request.
  
• SB26-070 imposes burdensome and costly supervisor approval, data logging, auditing, training, and reporting requirements on law enforcement.

YOUR OPPOSITION IS RESPECTFULLY REQUESTED

CML respectfully requests your NO vote on SB26-070. The result of SB70 is not better oversight, but fewer tools and diminished capacity to enhance public safety and support victims in the worst moments of their lives. Colorado can address public concern about this sensitive data without enacting a framework that undermines the ability of local governments to do their jobs.

CONTACT

Owen Brigner | CML legislative & policy advocate | 419-786-9703 | obrigner@cml.org