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CA Attorney General advises police on license plate reader policies.

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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