California Attorney General Advises Law Enforcement on License Plate Recognition Systems
With the majority of California law enforcement agencies either currently using or planning to license plate reader policies.”>implement automated license plate recognition systems, Attorney General Rob Bonta has issued advisory bulletins to officials, emphasizing the importance of adhering to legal statutes and ensuring data privacy.
In a press release, Mr. Bonta stated, ”As technology continues to advance, it is crucial that we establish safeguards to ensure its appropriate and lawful use. Californians must have confidence that their information is being protected.”
Automated license plate readers, which can be fixed to stationary objects or mounted on law enforcement vehicles, provide real-time surveillance and image archives that aid in identifying vehicles and individuals involved in criminal activities.
According to a 2020 state auditor report, approximately 70 percent of law enforcement agencies in California are already using or planning to use this technology.
The system works by capturing photographs of license plates, extracting image, time, and location details, and storing them in a searchable database. The information is then compared to existing lists of vehicles of interest.
However, concerns have been raised due to the auditor report’s findings that many agencies are not complying with state law.
A license plate reader, one of two mounted on the trunk of a Metropolitan Police Department is seen on a police car in Washington on Dec. 1, 2011. (Paul J. Richards/AFP/Getty Images)
The report authors emphasized the need for local law enforcement agencies to improve their policies, procedures, and monitoring of license plate image usage and data retention to protect residents’ privacy.
Surveys revealed that few agencies have adequate policies in place, and the actions of four agencies mentioned in the report—Fresno and Los Angeles police departments, and Marin County and Sacramento County sheriff’s departments—indicate the necessity for stronger privacy safeguards and compliance with legal statutes.
In a letter accompanying the report, Elaine Howell, California state auditor, wrote, “The agencies we reviewed either lacked license plate reader policies or had inadequate ones, and they had not implemented sufficient safeguards. Furthermore, three of the four agencies shared their license plate reader images without considering the recipients’ rights and needs.”
California law protects the data collected by license plate readers, including a 2015 law that prohibits the sale and limits the sharing of information to other public agencies only.
In 2017, further restrictions were enacted to prevent law enforcement agencies from sharing personal information, such as home and work addresses, for immigration enforcement purposes with state and federal authorities.
State grants are funding the installation of license plate readers throughout California, with recent projects planned for Chula Vista and Oakland.
Critics of the technology have expressed concerns about privacy and the potential sharing of information with agencies in other states, particularly regarding abortion procedures. The Electronic Frontier Foundation, a nonprofit focused on civil liberties and digital privacy, discovered that 71 law enforcement agencies in California are sharing data with partners in other states.
Adam Schwartz, senior staff attorney at the foundation, stated, “[Automated license plate readers] invade people’s privacy and violate the rights of entire communities, as they often are deployed in poor and historically overpoliced areas regardless of crime rates. Sharing data with law enforcement in states that criminalize abortion undermines California’s extensive efforts to protect reproductive health privacy.”
By issuing these bulletins, the attorney general aims to ensure that law enforcement agencies have the necessary resources to comply with the law.
“Today, we remind law enforcement of their responsibility to safeguard this data and ensure its use is consistent with state law,” Mr. Bonta emphasized.
What are the potential risks of inadequate license plate reader policies in terms of privacy breaches and data misuse?
Se plate reader policies or had inadequate ones. As a result, they are at a higher risk of potential privacy breaches and misuse of data.”
Attorney General Bonta’s advisory bulletins are aimed at addressing these concerns and ensuring that law enforcement agencies across California are following legal statutes and protecting the privacy of Californians.
The bulletins provide guidance for the proper use of automated license plate recognition systems. They emphasize the importance of obtaining proper authorization before accessing the system, ensuring that data is only used for legitimate law enforcement purposes, and implementing measures to safeguard the data from unauthorized access or disclosure.
Additionally, the bulletins highlight the need for agencies to establish clear policies regarding data retention and destruction. It is crucial that agencies have defined timeframes for retaining the captured license plate data and procedures for securely disposing of the data when it is no longer needed.
The advisory bulletins also stress the importance of transparency and accountability. Law enforcement agencies are encouraged to be transparent about their use of automated license plate recognition systems, including publicly disclosing their policies and practices. This transparency helps build public trust and confidence in the responsible use of this technology.
Furthermore, the bulletins recommend that agencies conduct regular audits and assessments of their use of license plate recognition systems to identify and address any potential privacy or compliance issues. By regularly reviewing and evaluating their practices, agencies can ensure that they are staying up-to-date with legal requirements and best practices.
Attorney General Bonta’s proactive approach in issuing these advisory bulletins demonstrates the commitment of the California Department of Justice to safeguarding individual privacy rights while still allowing law enforcement to benefit from the capabilities of technology. By providing clear guidance and emphasizing the importance of privacy safeguards, the Attorney General aims to create a balance that protects both public safety and personal privacy.
In conclusion, the advisory bulletins issued by California Attorney General Rob Bonta serve as an important reminder to law enforcement agencies about the proper use of automated license plate recognition systems. By adhering to legal statutes and implementing appropriate safeguards, agencies can ensure that the privacy of individuals is respected while still benefiting from the valuable information provided by this technology. As technology continues to advance, it is imperative that law enforcement agencies embrace responsible and accountable practices to maintain the trust and confidence of the communities they serve.
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