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Use of Surveillance Technology by Law Enforcement

Concerning the regulation of law enforcement surveillance technologies to protect citizens.

SB26-071 2026 Regular Session Postponed Indefinitely Crimes, Corrections, & Enforcement Transportation & Motor Vehicles

Cost estimates

At the first note read
$0
FACT February 19, 2026
At the last note read
$0
FACT August 3, 2026
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The note states no appropriation is required.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: No appropriation was required.

Bill summary

The bill establishes the "Surveillance Accountability and Freedom Ensured (SAFE) Act" (SAFE Act). On and after July 1, 2027, the SAFE Act requires a law enforcement agency to use surveillance technology only for lawful purposes directly related to public safety or for an active investigation.

If a law enforcement agency uses surveillance technology to collect surveillance data, the law enforcement agency must comply with certain requirements related to the collection, storage, sharing, and destruction of the data.

The law enforcement agency must ensure that:

  • Facial recognition systems are only used after a warrant is obtained or in exigent circumstances when there is an imminent threat to public safety;
  • Traffic cameras and automated license plate readers must only be used in public spaces and for specific enforcement purposes, such as traffic violations or identifying stolen vehicles; and
  • Drone cameras are operated in compliance with federal aviation administration regulations.

A law enforcement agency may store data collected by surveillance technology only for a specified amount of time depending on the type of technology used and how the data is collected or until an active investigation is concluded.

A law enforcement agency shall not sell any data that is collected from its surveillance technologies, but the law enforcement agency may share the surveillance data with another law enforcement agency if the data is related to an active investigation and the other law enforcement agency agrees to comply with the requirements of the SAFE Act. A law enforcement agency must also ensure that surveillance data is permanently destroyed at the end of an applicable retention period or once the data is no longer needed for the matter. The bill creates civil penalties for violations of these provisions.

The bill also requires a law enforcement agency to make certain information related to the law enforcement agency's compliance with the SAFE Act available to residents who request it at no cost to the resident.

The bill requires the attorney general to conduct an audit of a law enforcement agency every 2 years and authorizes the attorney general to bring a civil action to enforce the SAFE Act.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)