In the digital age, it’s become harder to go anywhere without Big Brother tech monitoring your every move. Motorists, residents and lawmakers have raised serious privacy concerns about automated license plate readers, and one of the biggest providers of the technology is giving them reason to worry.
Across the country, communities and law enforcement agencies are installing automated license plate readers to catch criminals and increase safety. In addition to traffic enforcement, the technology is being used to find stolen vehicles and missing persons.
While that may sound innocent enough, many have sounded the alarm on automated license plate readers, claiming they create a Big Brother state. People are concerned that they are being tracked and that their data is being shared with other agencies without their consent, sometimes unlawfully.
A new report from the American Civil Liberties Union has validated concerns.
At the center of the report is Flock Safety, one of the biggest providers of automated license plate readers. According to its website, the company’s technology is used across thousands of law enforcement agencies, communities and private businesses. It is the largest fixed license plate reader network, capturing billions of plate reads each month.
ACLU’s report reveals a pattern of Flock Safety misrepresenting its data-sharing policies and capabilities to local government officials.
City councils and agencies believed vehicles were not being tracked and that data was not being shared, only to find out that was not true.
Earlier this year, the city council in Oshkosh, Wis., withdrew a contract renewal with Flock Safety within 24 hours of signing off on it. During the council meeting, a Flock Safety representative was asked whether the automated license plate reader system could “create a pattern or heat map of an individual’s movement,” thereby creating a tracking system. The council was told “No.”
Oshkosh police officers quickly informed the police chief that it was not true. Flock Safety’s automated license plate reader system does, in fact, create a heat map that can track where vehicles have been over time. Upon that news, the city quickly scrapped the deal.
In a statement to WBAY-TV, Flock Safety said its representative misunderstood the question. The rep was asked if the automated license plate readers track an “individual’s” movement, not a vehicle’s movement.
“It’s disappointing to hear that one small misconception stated during a two-hour meeting, after many other meetings with Oshkosh’s leaders and Police command staff, has resulted in this outcome,” Flock Safety said. “Today, we have contacted city and PD leaders and offered to clear up any confusion directly, but have not been afforded the opportunity. It’s troubling that such a minor nuance will cause the removal of a system that has been highly successful in improving public safety in Oshkosh and, just this week, played a key role in the capture of the Most Wanted murder suspect in Wisconsin.”
Problems with Flock Safety and its automated license plate readers go beyond vehicle tracking.
In Loveland, Colo., the company told the police chief that federal agencies do not have access to the system as the company has no federal contracts. It was discovered that was not true.
In one case, police in Texas accessed Flock Safety databases in other states to track a person who was seeking an abortion, including in states where it is legal. Flock Safety claims it has upgraded its system to reduce such misuses. However, an ACLU investigation discovered those fixes are easy to circumvent.
Numerous other municipalities were surprised to find out data was being shared with the federal government, which is illegal in some states, prompting them to ditch the devices. In a blog post, Flock Safety CEO Garrett Langley said that the company “clearly communicated poorly” and that some of its “public statements inadvertently provided inaccurate information.” Langley says the company has since made efforts to ensure that all clients can determine whether and when to share data.
Lawmakers addressing license plate reader concerns
Several states are trying to update their laws to address privacy issues surrounding automated license plate readers.
In just the last year, three states passed or updated laws tied to license plate readers. While Arkansas expanded data access to private entities, Idaho prohibited government agencies from using the devices for non-law enforcement purposes. Virginia limited camera data to criminal offenses.
More recently, Washington state and Kentucky passed laws banning agencies from using automated license plate readers unless they are performing approved tasks. A bill in Illinois would limit the use of the technology and the length of time certain data can be stored.
Some states have strict rules against sharing automated license plate reader data. California and Virginia ban local law enforcement from sharing that data with federal or out-of-state agencies. New York could strip local police of state funding if they use the technology to assist with federal civil immigration enforcement.
Trackers on trucks
Surveillance technology is nothing new for truck drivers.
The Commercial Vehicle Safety Alliance has been pushing Congress to require trucks to have a universal electronic vehicle identifier. That would allow officials to identify trucks from a short distance. CVSA claims the technology lets inspectors determine which vehicles most need an inspection or intervention.
However, the Owner-Operator Independent Drivers Association opposed the idea, citing privacy issues and a lack of safety data.
“OOIDA and our members oppose this proposal in the strongest possible terms,” the Association wrote in comments signed by President Todd Spencer. “Our members have been extremely clear that this concept is an unwarranted intrusion into their privacy, as well as an overly costly and burdensome requirement that does nothing to improve their efficiency or safety.” LL
Managing Editor Mark Schremmer and State Legislative Editor Keith Goble contributed to this story.
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