A Bill for an Act
Page 1, Line 101Concerning prohibiting a government entity from accessing
Page 1, Line 102a database that stores historical location
Page 1, Line 103information.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill prohibits a government entity from accessing a database that reveals an individual's or a vehicle's historical location information, subject to certain exceptions. The bill prohibits a government entity from sharing historical location information with third parties or government agencies outside their jurisdiction, subject to certain exceptions, and makes historical location information not a public record for the purposes of the "Colorado Open Records Act".
The bill requires a government entity that collects historical location information to adopt a policy to maintain compliance with the provisions of the regulatory scheme.
An enforcement action is created for the attorney general to enforce the provisions of the bill. Historical location information obtained in violation of the prohibitions of the bill are inadmissible in trial.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Short title. The short title of this act is the
Page 2, Line 3"Protecting Everyone from Excessive Police Surveillance (PEEPS) Act"
Page 2, Line 4or "PEEPS Act".
Page 2, Line 5SECTION 2. Legislative declaration - legislative intent.
Page 2, Line 6(1) The general assembly finds and declares that:
Page 2, Line 7(a) Technological advances and the growth of commercial data
Page 2, Line 8systems have enabled the routine collection, aggregation, storage, and
Page 2, Line 9sale of historical location information relating to individuals and vehicles,
Page 2, Line 10including information derived from cameras, license plate readers,
Page 2, Line 11cellular networks, and other technologies;
Page 2, Line 12(b) Historical location information is highly sensitive in nature
Page 2, Line 13and, when accessed over time, can reveal detailed and personal
Page 2, Line 14information about an individual's movements, associations, habits, and
Page 2, Line 15daily activities;
Page 2, Line 16(c) Government access to historical location information through
Page 2, Line 17privately or publicly maintained databases, rather than through direct
Page 2, Line 18observation or narrowly targeted collection, presents unique risks of
Page 2, Line 19overbroad surveillance and may occur outside traditional legal processes
Page 2, Line 20and safeguards;
Page 2, Line 21(d) The availability of commercial and third-party databases
Page 3, Line 1containing historical location information has created pathways for
Page 3, Line 2government entities to obtain such information without a warrant, court
Page 3, Line 3order, or clearly articulated statutory authority;
Page 3, Line 4(e) Sharing of historical location information with third parties or
Page 3, Line 5with government agencies outside a government entity's jurisdiction,
Page 3, Line 6absent clear limits and accountability measures, increases the risk of
Page 3, Line 7misuse, unauthorized secondary use, and erosion of public trust;
Page 3, Line 8(f) Establishing clear statutory guardrails governing when and
Page 3, Line 9how government entities may access, use, and share historical location
Page 3, Line 10information promotes transparency, accountability, and consistent
Page 3, Line 11application of privacy protections across jurisdictions; and
Page 3, Line 12(g) The general assembly recognizes the essential role of
Page 3, Line 13government entities, including law enforcement and emergency service
Page 3, Line 14providers, in protecting public safety, and acknowledges that limited and
Page 3, Line 15clearly defined exceptions are necessary to allow appropriate access to
Page 3, Line 16historical location information in specific circumstances.
Page 3, Line 17(2) It is the general assembly's intent to regulate government
Page 3, Line 18access to databases containing historical location information; to restrict
Page 3, Line 19the sharing of such information, except in narrow, well-defined
Page 3, Line 20circumstances; to require oversight, record keeping, and compliance
Page 3, Line 21policies when historical location information is collected; and to ensure
Page 3, Line 22meaningful remedies and enforcement for violations of these protections.
Page 3, Line 23SECTION 3. In Colorado Revised Statutes, add 16-3-313 as
Page 3, Line 24follows:
Page 3, Line 2516-3-313. Prohibition on access to a historical location
Page 3, Line 26information database - individual or vehicle - evidence inadmissible
Page 3, Line 27in court - definitions.
Page 4, Line 1(1) As used in this section, unless the context otherwise
Page 4, Line 2requires:
Page 4, Line 3(a) "Access" means viewing, querying, retrieving, copying,
Page 4, Line 4transmitting, analyzing, or otherwise using a database as
Page 4, Line 5defined in this section, whether manually or automatically.
Page 4, Line 6(b) "Collect" means using technology to record
Page 4, Line 7information about an individual's or vehicle's physical locations
Page 4, Line 8or movements.
Page 4, Line 9(c) "Database" means a physical or digital information
Page 4, Line 10storage system, whether publicly or privately owned, that
Page 4, Line 11contains photos, videos, license plate data, facial recognition
Page 4, Line 12data, cell site location data, or any combination of these.
Page 4, Line 13(d) "Government entity" has the meaning set forth in
Page 4, Line 14section 16-3-303.5.
Page 4, Line 15(e) "Government official" means any officer, employee,
Page 4, Line 16agent, contractor, or representative of a government entity.
Page 4, Line 17(f) (I) "Historical location information" means
Page 4, Line 18information that, when accessed, reveals the locations of an
Page 4, Line 19individual or vehicle more than twenty-four hours prior to the
Page 4, Line 20date of the access.
Page 4, Line 21(II) "Historical location information" does not include
Page 4, Line 22video or image recordings generated by cameras in
Page 4, Line 23government-owned buildings or dashboard cameras and
Page 4, Line 24body-worn cameras owned and operated by a government entity,
Page 4, Line 25regardless of whether the camera transmits, stores, or backs up
Page 4, Line 26a recording to a local or centralized storage system, so long
Page 4, Line 27as:
Page 5, Line 1(A) The recording is not indexed, searchable, or analyzed
Page 5, Line 2by a unique identifier, including an identifier tied to a vehicle or
Page 5, Line 3individual, such as a biometric identifier, but not including an
Page 5, Line 4identifier for the individual or vehicle carrying the camera or
Page 5, Line 5an identifier connecting the recording to a particular case or
Page 5, Line 6incident number, for the purpose of tracking or reconstructing
Page 5, Line 7an individual's or vehicle's historical location information; and
Page 5, Line 8(B) Access to the recording does not reveal an
Page 5, Line 9individual's or vehicle's historical location information
Page 5, Line 10through a database query or similar search process.
Page 5, Line 11(g) "Supervisor" means a government official who
Page 5, Line 12possesses the authority to direct and discipline one or more
Page 5, Line 13government officials within a government entity.
Page 5, Line 14(h) "Warrant" has the meaning set forth in this article 3.
Page 5, Line 15"Warrant" does not mean a subpoena.
Page 5, Line 16(2) A government official shall not access a database
Page 5, Line 17that reveals historical location information, except:
Page 5, Line 18(a) When the government official has obtained a valid
Page 5, Line 19judicial warrant issued pursuant to this part 3 to access the
Page 5, Line 20database;
Page 5, Line 21(b) When an individual gives express consent to their
Page 5, Line 22specific historical location information being revealed to a
Page 5, Line 23specific government official or entity, so long as the consent
Page 5, Line 24does not allow the government official or entity to access the
Page 5, Line 25historical location information of an individual who has not
Page 5, Line 26consented;
Page 5, Line 27(c) When the registered owner of a vehicle reports the
Page 6, Line 1vehicle lost or stolen and voluntarily consents to the vehicle's
Page 6, Line 2historical location information being searched;
Page 6, Line 3(d) When exigent circumstances make obtaining a warrant
Page 6, Line 4impractical before the exigency expires; or
Page 6, Line 5(e) When a government official is carrying out any of the
Page 6, Line 6following purposes and uses the historical location information
Page 6, Line 7solely for the purpose of:
Page 6, Line 8(I) Toll collection and enforcement, authorized pursuant
Page 6, Line 9to section 43-4-808;
Page 6, Line 10(II) Traffic enforcement, authorized pursuant to section
Page 6, Line 1142-4-110.5;
Page 6, Line 12(III) Parking enforcement; or
Page 6, Line 13(IV) Information security as necessary to implement the
Page 6, Line 14requirements of subsection (3) of this section.
Page 6, Line 15(3) (a) A government official or entity that collects
Page 6, Line 16historical location information shall not share it outside the
Page 6, Line 17official's or entity's jurisdiction, except for a reason set forth
Page 6, Line 18in subsection (2) of this section or pursuant to a valid court
Page 6, Line 19order.
Page 6, Line 20(b) (I) A government official or entity that collects
Page 6, Line 21historical location information shall not sell or convey it to
Page 6, Line 22a private, nongovernmental third party for any reason,
Page 6, Line 23whether as a market transaction, a response to a public records
Page 6, Line 24request, or otherwise, except to the limited extent necessary
Page 6, Line 25for a nongovernmental third party vendor, acting solely as a
Page 6, Line 26service provider to the government official or entity, to
Page 6, Line 27temporarily access the historical location information for the
Page 7, Line 1sole purpose of diagnosing, repairing, or conducting
Page 7, Line 2maintenance on a technical malfunction or software defect in
Page 7, Line 3the system used to collect the historical location information.
Page 7, Line 4(II) Access by a nongovernmental third party vendor to
Page 7, Line 5historical location information shall:
Page 7, Line 6(A) Be limited in scope and duration to the minimum extent
Page 7, Line 7necessary to resolve the identified malfunction or defect;
Page 7, Line 8(B) Prohibit the vendor from retaining, copying,
Page 7, Line 9aggregating, analyzing, or using the historical location
Page 7, Line 10information for any purpose other than resolving the
Page 7, Line 11malfunction or defect;
Page 7, Line 12(C) Prohibit the vendor from disclosing the historical
Page 7, Line 13location information to any other individual or entity, unless
Page 7, Line 14the individual or entity is required for assistance in resolving
Page 7, Line 15the malfunction or defect; and
Page 7, Line 16(D) Require the vendor to delete or otherwise relinquish
Page 7, Line 17access to the historical location information immediately upon
Page 7, Line 18resolution of the malfunction or defect.
Page 7, Line 19(c) A government official or entity that collects
Page 7, Line 20historical location information shall adopt a policy for
Page 7, Line 21compliance with this section that ensures:
Page 7, Line 22(I) The security and access regulations of this section are
Page 7, Line 23adhered to;
Page 7, Line 24(II) That historical location information is encrypted or
Page 7, Line 25otherwise rendered unreadable to an unauthorized user using
Page 7, Line 26methodology or technology generally accepted in the field of
Page 7, Line 27information security;
Page 8, Line 1(III) That a government official does not access a
Page 8, Line 2database containing historical location information, absent a
Page 8, Line 3showing to a supervisor, and, with written approval from the
Page 8, Line 4supervisor, that the access complies with subsection (2) of this
Page 8, Line 5section;
Page 8, Line 6(IV) A record is created and maintained each time
Page 8, Line 7historical location information is accessed. The record must
Page 8, Line 8include:
Page 8, Line 9(A) The identity of the government official and entity
Page 8, Line 10seeking access;
Page 8, Line 11(B) The specific purpose for which access was sought;
Page 8, Line 12(C) The applicable exception as listed in subsection (2) of
Page 8, Line 13this section and the specific factual basis for the supervisor
Page 8, Line 14believing the exception was applicable;
Page 8, Line 15(D) The supervisor's written approval that granted
Page 8, Line 16access;
Page 8, Line 17(E) The full description of the historical location
Page 8, Line 18information accessed; and
Page 8, Line 19(F) Redactions for license plate numbers, facial images, or
Page 8, Line 20other personally identifiable information;
Page 8, Line 21(V) That the records required pursuant to subsection
Page 8, Line 22(3)(c)(IV) of this section are audited by one or more supervisors
Page 8, Line 23at least every ninety days to ensure compliance with this
Page 8, Line 24section. The government official or entity shall create a
Page 8, Line 25written standardized policy or practice for an audit that
Page 8, Line 26requires, at minimum:
Page 8, Line 27(A) Verification that all information required pursuant
Page 9, Line 1to subsection (3)(c)(IV) of this section has been provided;
Page 9, Line 2(B) Verification that the specific purpose for which access
Page 9, Line 3was sought complies with this section;
Page 9, Line 4(C) Verification that the scope of the historical location
Page 9, Line 5information accessed complies with this section; and
Page 9, Line 6(D) That in the event the auditor or auditors determine or
Page 9, Line 7have reason to believe that a government official or entity has
Page 9, Line 8violated any provision of this section, further investigation of
Page 9, Line 9the actual or suspected violation;
Page 9, Line 10(VI) The creation and maintenance of an annual report
Page 9, Line 11that both compiles and summarizes the records described in
Page 9, Line 12subsection (3)(c)(IV) of this section. The report must be made
Page 9, Line 13available by June 30 of each year to the public. The annual
Page 9, Line 14report must include the number and type of technology devices
Page 9, Line 15held by a government entity that can collect an individual's or
Page 9, Line 16vehicle's physical location or movements, and the location
Page 9, Line 17where the devices are deployed.
Page 9, Line 18(VII) That all government officials whose duties include
Page 9, Line 19accessing a database that contains historical location
Page 9, Line 20information complete training on how to comply with this
Page 9, Line 21section and the compliance policy adopted pursuant to this
Page 9, Line 22section. The training must not be created or administrated by a
Page 9, Line 23private entity whose business involves collecting historical
Page 9, Line 24location information.
Page 9, Line 25(d) (I) Except as provided in subsection (3)(d)(II) of this
Page 9, Line 26section, a government official or entity that collects
Page 9, Line 27historical location information shall not retain the
Page 10, Line 1information for more than four days after the date the
Page 10, Line 2information is collected.
Page 10, Line 3(II) Historical location information that was accessed in
Page 10, Line 4compliance with subsection (2) of this section may only be
Page 10, Line 5retained for five days or more if:
Page 10, Line 6(A) A valid judicial warrant or valid court order
Page 10, Line 7expressly authorizes the government official or entity to retain
Page 10, Line 8the historical location information for a period of five days or
Page 10, Line 9longer; or
Page 10, Line 10(B) The information is necessary to preserve evidence in
Page 10, Line 11an active criminal investigation or other legal proceeding and
Page 10, Line 12the supervisor of the investigation makes a written
Page 10, Line 13determination, based on specific and articulable facts, that
Page 10, Line 14retaining the historical location information for five days or
Page 10, Line 15more is required; or
Page 10, Line 16(C) An individual gives express consent to their specific
Page 10, Line 17historical location information being revealed to a specific
Page 10, Line 18government official or entity and consents to their historical
Page 10, Line 19location information being kept for five days or more, so long as
Page 10, Line 20the consent does not allow the government official or entity to
Page 10, Line 21access the historical location information of an individual who
Page 10, Line 22has not consented.
Page 10, Line 23(III) Upon expiration of the applicable retention period
Page 10, Line 24described in this subsection (3)(d), the government official or
Page 10, Line 25entity shall permanently destroy the historical location
Page 10, Line 26information and any copies of the information in a manner that
Page 10, Line 27renders the information unrecoverable.
Page 11, Line 1(IV) The compliance policy required pursuant to
Page 11, Line 2subsection (3)(c) of this section must include procedures to
Page 11, Line 3ensure timely destruction of the historical location
Page 11, Line 4information required pursuant to this subsection (3)(d) and
Page 11, Line 5verification of destruction.
Page 11, Line 6(4) (a) Historical location information accessed in
Page 11, Line 7violation of this section is not admissible as evidence in any
Page 11, Line 8criminal or civil proceeding or any other judicial, quasi-judicial,
Page 11, Line 9or administrative hearing or proceeding.
Page 11, Line 10(b) A government entity shall have a written, mandatory
Page 11, Line 11disciplinary policy that includes provisions for suspending or
Page 11, Line 12revoking a government official's access to any database that
Page 11, Line 13includes historical location information when the government
Page 11, Line 14official violates any provision of this section. A government
Page 11, Line 15entity shall not deviate from its written disciplinary policy
Page 11, Line 16after a finding that a government official violated a provision
Page 11, Line 17of this section.
Page 11, Line 18(5) A political subdivision of the state shall not adopt a
Page 11, Line 19law or policy that allows government officials or entities to
Page 11, Line 20access historical location information in a manner less
Page 11, Line 21restrictive than provided in this section.
Page 11, Line 22(6) For purposes of this section, a subpoena is not a valid
Page 11, Line 23court order.
Page 11, Line 24SECTION 4. In Colorado Revised Statutes, 24-72-202, amend
Page 11, Line 25(6)(b)(XVII) and (6)(b)(XVIII); and add (6)(b)(XIX) as follows:
Page 11, Line 2624-72-202. Definitions.
Page 11, Line 27As used in this part 2, unless the context otherwise requires:
Page 12, Line 1(6) (b) "Public records" does not include:
Page 12, Line 2(XVII) A complaint of harassment or discrimination, as described
Page 12, Line 3in section 22-1-143, that is unsubstantiated and all records related to the
Page 12, Line 4unsubstantiated complaint, including records of an investigation into the
Page 12, Line 5complaint;
orPage 12, Line 6(XVIII) Jail assessments conducted pursuant to section 30-10-530
Page 12, Line 7(5)(d) or 24-31-118; or
Page 12, Line 8(XIX) Historical location information, as defined in
Page 12, Line 9section 16-3-313 (1).
Page 12, Line 10SECTION 5. Act subject to petition - effective date -
Page 12, Line 11applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 12, Line 12the expiration of the ninety-day period after final adjournment of the
Page 12, Line 13general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 12, Line 142026); except that, if a referendum petition is filed pursuant to section 1
Page 12, Line 15(3) of article V of the state constitution against this act or an item, section,
Page 12, Line 16or part of this act within such period, then the act, item, section, or part
Page 12, Line 17will not take effect unless approved by the people at the general election
Page 12, Line 18to be held in November 2026 and, in such case, will take effect on the
Page 12, Line 19date of the official declaration of the vote thereon by the governor.
Page 12, Line 20(2) This act applies to violations on or after the applicable
Page 12, Line 21effective date of this act.