State legislators across the country are taking steps to address privacy concerns related to the practice of tracking drivers’ movements via automated license plate readers. The devices typically are mounted on police vehicles, road signs or traffic lights.
High-tech cameras to capture the date, time and location that scanned vehicles pass are used in some capacity by about 600 local and state police departments and other state and federal agencies, according to the American Civil Liberties Union. Private businesses, such as repossession companies and vehicle insurance companies, also use the technology that can capture about 1,800 images each minute.
The technology is not without flaws. Conditions that include bad weather, poor lighting, dirt on plates and even background colors can result in false matches.
Critics have argued that use of the scanners amounts to warrantless searches.
The Wall Street Journal previously reported the federal government has made a practice of tracking the location of millions of vehicles. The practice has been carried out without a warrant or public notice of the policy.
Supporters have said the scanners are not intended to infringe on peoples’ privacy.
The National Conference of State Legislatures reported at least 16 states have rules relating to the use of automated license plate readers. Among that group, six states place restrictions on government or law enforcement use of the technology. Eight states limit how long data can be kept. Four states specify that data is exempt under public records laws.
Recent statehouse activity on the issue is detailed below.
Virginia
The Virginia House voted Wednesday, Feb. 5 to advance a bill to put in place rules for the use of license plate readers.
Multiple local law enforcement agencies in the state use plate readers, but statute does not regulate the technology.
HB2724 defines who can use camera data and how they can use the information. Uses covered in the bill include active criminal investigations, human trafficking and tracking a stolen vehicle or a stolen license plate.
The Virginia State Police would also be authorized to use the cameras along state highways, bridges and tunnels throughout the Commonwealth.
A 30-day data retention period is included.
The bill awaits consideration in the Senate.
South Carolina
One South Carolina state lawmaker is again pursuing legislation that would set rules on the use of license plate readers. The rule would include use of the technology at weigh stations.
Law enforcement agencies around the state already use the devices.
Sen. Todd Rutherford, D-Richland, wants to put in place guardrails for their use. His bill, H3155, would restrict license plate readers usage to law enforcement agencies and would provide locations where the system can be installed.
The bill would also allow the South Carolina Department of Public Safety and the Department of Transportation to use the system for the electronic verification of registration, logs and other compliance data “to provide more efficient movement of commercial vehicles on a state highway.”
Any system in use at a weigh station would be required to be installed at an entrance ramp.
Data could be kept for up to 90 days.
Oklahoma
Oklahoma permits use of plate readers for insurance purposes. The technology is used to flag uninsured drivers.
Since 2017, law enforcement agencies have been allowed to compare license plate numbers with an Oklahoma Insurance Department list to see whether the vehicle owner has coverage. District attorneys are authorized to mail letters to offenders. The letters offer offenders an option to enter into deferred prosecution agreements if they agree to pay a fee.
A Senate bill would authorize law enforcement to use plate readers on highways under certain conditions.
SB857 would establish protocols for their use. Rules would include adoption of written policy for use of the technology by law enforcement and visual confirmation of alerts before traffic stops. Data retention would be limited to 30 days.
Data could be shared between law enforcement agencies. Data could not be sold.
A nearly identical House bill is HB1626.
Rep. Tom Gann, R-Inola, said it is important to set rules for use of the vehicle scanning technology. He added that local government entities in the state have entered into contracts with Flock Safety to install the devices.
Flock cameras capture details that include vehicle make, model, color and other distinguishing characteristics like bumper stickers.
“When the government uses these devices to scan every passing vehicle, it is possible they are violating Oklahoma law,” Gann said in prepared remarks.
Nebraska
A Nebraska bill would widen the use of license plate readers in the state.
A 2018 law permits government entities to use the technology only to identify vehicles that are associated with a missing person, registered to someone with an outstanding warrant, relevant to an ongoing criminal investigation or reported as stolen.
Parking enforcement agencies are also permitted to use plate readers to track outstanding parking or traffic violations, to assist weigh stations or to collect tolls.
Captured data must be purged within 180 days unless it is used as evidence or is the subject of a warrant, subpoena or court order.
A new bill, LB616, would expand authorization for the equipment to include use at red lights.
Violators would either pay a fine or take a free driver’s safety training class.
Missouri
Two Missouri bills would ban the use of license plate readers in the state.
HB658 and SB540 are identical bills that would prohibit counties, cities, towns, villages, municipalities and state agencies from posting license plate readers on any public roadway. Agencies would also be forbidden from accessing or using any data captured by third parties, such as Flock.
An exception would be made for devices affixed to law enforcement vehicles.
Both bills include a provision for a statewide ban on the use of red-light cameras.
New Mexico
A House bill on the move would appropriate $1 million from the state’s general fund for the purchase of license plate readers for New Mexico State Police.
The bill analysis states that the aim is to enhance public safety by equipping law enforcement with technology to monitor and identify vehicles effectively.
The appropriation is estimated to cover the cost to add 24 camera systems. State Police now have 88 of the camera systems.
The House Judiciary Committee voted to advance HB127 for further consideration.
Texas
A Texas House bill would set rules for the use of plate readers.
HB2083 would allow for mobile or fixed high-speed camera use by state agencies. Purposes for use would include criminal investigations, identifying unregistered or uninsured vehicles, identifying or recovering stolen vehicles, collecting or enforcing tolls or enforcing parking requirements.
Data retained for vehicles not associated with any purpose specified in the bill would have to be destroyed within 48 hours. LL
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