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State Statutes Regulating the Use of Automated License Plade Readers ALPR or ALPR Data

Automated License Plate Readers | State Statutes Regulating Their Use

12/11/2014

Automated license plate readers (ALPRs) capture computer-readable images that allow law enforcement to compare plate numbers against plates of stolen cars or cars driven by individuals wanted on criminal charges. The devices are mounted on police cars, road signs or traffic lights and capture thousands of images of plates.

The data collected can enhance law enforcement’s ability to investigate and enforce the law, but also raise concerns that the information collected may be inaccurate, placed into databases and shared without restrictions on use, retained longer than necessary, and used or abused in ways that could infringe on individuals’ privacy.

State Statutes

State statutes relating to the use of ALPRs or the retention of data collected by ALPRs are shown below. See also 2013-14 legislation.

State | Year | Law

Summary

Arkansas (2013)

Ark. Code §§ 12-12-1801 to 12-12-1805

Prohibits use of ALPRs by individuals, partnerships, companies, associations or state agencies. Provides exceptions for limited use by law enforcement, by parking enforcement entities or for controlling access to secure areas. Prohibits data from being preserved for more than 150 days.

California (2011)

Calif. Veh. Code § 2413

Provides that the California Highway Patrol (CHP) may retain data from a license plate reader for no more than 60 days, unless the data is being used as evidence in felony cases. Prohibits selling or making available ALPR data to non-law enforcement officers or agencies. Requires CHP to report to the legislature how ALPR data is being used.

Colorado (2014)
Colo. Rev. Stat. § 24-72-113

Requires that video or still images obtained by passive surveillance by governmental entities, such as images from monitoring cameras, must be destroyed within three years after the recording of the images. Specifies that the custodian of a passive surveillance record may only access the record beyond the first anniversary after the date of creation of the record if there has been a notice of claim filed, or an accident or other specific incident that may cause the passive surveillance record to become evidence in any civil, labor, administrative, or felony criminal proceeding. Creates exceptions allowing retention of passive surveillance records of any correctional facility, local jail, or private contract prison and passive surveillance records made or maintained as required under federal law. 

Florida (2014)
Fla. Stat. 316.0777
(2014 S.B. 226, Chap. 170)
Creates a public records exemption for certain images and data obtained through the use of an automated license plate recognition system and personal identifying information of an individual in data generated from such images. Provides that images and data containing personal information obtainined from automated license plate recognition systems are confidential. Allows for disclosure to criminal justice agencies and to individuals to whom the license plate is registered in certain circumstances. 

Maine (2009)

29-A M.R.S.A. § 2117-A(2)

Prohibits the use of automatic license plate recognition systems except for certain public safety purposes. Provides that data collected is confidential and may be used only for law enforcement purposes. Data collected may not be stored more than 21 days.

Maryland (2014)

Md. Public Safety Code § 3-509

 

Prohibits the use of captured plate data except for a legitimate law enforcement purpose. Requires the State Police to adopt procedures to address who has access to the data and training for those individuals and to create an audit process. Provides that data gathered by an automatic license plate reader system are not subject to disclosure under the Public Information Act.

New Hampshire (2007)

N.H. Rev. Stat. Ann. §§ 261.75-b, 236.130

Prohibits the use of automatic license plate recognition systems or vehicle surveillance except in specific circumstances.

Tennessee (2014)

2014 S.B. 1664, Public Chapter 625

Provides that any captured automatic license plate data collected by a government entity may not be stored for more than 90 days unless they are part of an ongoing investigation, and in that case provides for data to be destroyed after the conclusion of the investigation.

Utah (2013, 2014)

Utah Code Ann. §§ 41-6a-2001 to -2005 

Provides that a governmental entity may not use an automatic license plate reader system except for specified uses, such as by law enforcement agencies for the purpose of protecting public safety or conducting criminal investigations and by other government entities for limited other purposes. Provides that captured plate data are a protected record under the Government Records Access and Management Act, if the captured plate data are maintained by a governmental entity. Provides that captured plate data may only be shared for specified purposes, may only be preserved for a certain time and may only be disclosed pursuant to specific circunstances such as a disclosure order or a warrant. Government entities may not use privately held captured plate data without a warrant or court order, unless the private provider retains captured plate data for 30 days or fewer.

Vermont (2013)

23 V.S.A. Section 1607, 1608

(Repealed effective July 1, 2015)

Requires a law enforcement officer to be certified in the use of an automated license plate reader to operate such a system. Provides that active system data may only be accessed by an officer with a legitimate law enforcement purpose for the data. Limits retention of information gathered through use of an ALPR system to 18 months after the date it was obtained.

 

Attorney General Opinions and Directives

State | Year | Citation

Summary

New Jersey (December 2010)

Attorney General Directive No. 2010-5

Provides guidelines “to ensure that ALPRs are used only for bona fide law enforcement purposes, and that the data collected by these devices are used in accordance with substantive standards and procedural safeguards that appropriately balance the need for law enforcement agencies to prevent and respond to terrorism and other forms of crime against the legitimate privacy interests of persons operating motor vehicles on the roadways of this state.” Provides that records of ALPR activity and access to ALPR data shall be maintained by the department for a period of five years.

Virginia (February 2013)

Attorney General Opinion 12-073

Opines that the Data Act does not preclude law enforcement agencies from maintaining, using and disseminating personal information collected by a license plate reader (LPR), provided such data specifically pertain to investigations and intelligence gathering relating to criminal activity. LPR data collected in the continuous, passive manner, that is not properly classified as “criminal intelligence information” and not otherwise relating directly to law enforcement investigations and intelligence-gathering respecting criminal activity, is subject to the Data Act’s strictures and prohibitions, and it may not lawfully be collected through use of LPR technology.

 

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