Law-enforcement technologyCalifornia bill would restrict selling, access to LPR-collected data

Published 15 January 2014

A bill before the California State Senate would to prohibit law enforcement agencies and private firms in California from selling data collected by automatic license plate readers. (LPRs). The proposed Senate Bill 893 would prohibit LPR operators from selling data to non-law enforcement agencies or to non-law enforcement officials. Law enforcement access to LPR data retained for more than five years would require a court order.

California State Senator Jerry Hill has proposed legislation last Friday which would prohibit law enforcement agencies and private firms in California from selling data collected by automatic license plate readers (LPRs).

LPRs use high-speed cameras and software to scan and track license plates. Commonly placed on the roof of police vehicles, LPS can automatically scan as many as 2,000 license plates per minute within a given range. Law enforcement agencies have used LPRs to find criminals and missing persons.

The PaloAlto Patch reports that the Sacramento County Sheriff tracked 495 stolen vehicles, five carjacked vehicles, and nineteen other vehicles which were involved in felonies — within the first thirty days of adopting LPRs.

Private firms such as parking, toll, and repossession companies use LPRs, but current laws do not prohibit these institutions from selling the data accumulated through LPRs.

“Automatic license plate reader technology is a useful tool for law enforcement,”Hill said. “But use of this technology must be balanced with personal privacy.”

The proposed Senate Bill 893 would prohibit LPR operators from selling data to non-law enforcement agencies or to non-law enforcement officials. Violators of the law would be subject to civil action, and private citizens affected by the breach would be entitled to recover damages, including all costs and attorney’s fees.

California does not currently have laws requiring LPR operators to keep license plate data private. Senate Bill 893 would restrict access to LPR data retained for more than five years unless the data is requested by law enforcement agencies, and these agencies would have to obtain a court order. Under current California law, LPR data cannot be retained for more than sixty days.

“Law enforcement will still be able to continue to use LPR technology to catch criminals,” Hill said. “But Californians will have peace of mind that their personal information is safeguarded.”