ALBANY, N.Y. (Jan. 17, 2018) – A bill introduced in the New York Senate would put strict limitations on the use of automated license plate reader systems (ALPRs) by the state. Passage into law would also place significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.
Sen. Brad Hoylman introduced Senate Bill 23 (S23) last year and it will carry over into the 2018 session. The legislation would limit law enforcement use of ALPRs to specific law enforcement functions. The bill also puts strict limitations on the retention and sharing of data gathered by license plate readers.
“Captured plate data obtained for the purposes described under this section shall not be used or shared for any other purpose and shall not be preserved for more than one hundred eighty days except pursuant to a preservation or disclosure request under this subdivision, or a warrant.”
S23 prohibits the sale, trade, or exchange of captured license plate data for any purpose. Under the proposed law, any data captured or improperly maintained could not be introduced by the state in any grand jury or criminal proceeding or in any civil or administrative proceeding brought by the state or any government office or official.
The legislation also bans the use of ALPRs by non-law enforcement agencies in most cases.
Passage of this bill would prevent the state from creating permanent databases using information collected by ALPRs, and would make it highly unlikely that such data would end up in federal databases.
IMPACT ON FEDERAL PROGRAMS
The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues.
As reported in the Wall Street Journal, the federal government, via the Drug Enforcement Agency (DEA) tracks the location of millions of vehicles. They’ve engaged in this for over eight years, all without a warrant, or even public notice of the policy.
State and local law enforcement agencies operate most of these tracking systems, paid for by federal grant money. The DEA then taps into the local database to track the whereabouts of millions of people – for the simple act of driving – without having to operate a huge network itself.
Since a majority of federal license plate tracking data comes from state and local law enforcement, passage of this legislation would take a major step toward blocking that program from continuing in New York. The feds can’t access data that doesn’t exist.
“No data means no federal license plate tracking program,” Tenth Amendment Center founder and executive director Michael Boldin said.
Law enforcement generally configures ALPRs to store the photograph, the license plate number, and the date, time, and location of vehicles. But according to records obtained by the ACLU via a Freedom of Information Act request, the DEA also captures photographs of drivers and their passengers.
According to the ACLU:
“One internal 2009 DEA communication stated clearly that the license plate program can provide “the requester” with images that “may include vehicle license plate numbers (front and/or rear), photos of visible vehicle occupants [redacted] and a front and rear overall view of the vehicle.” Clearly showing that occupant photos are not an occasional, accidental byproduct of the technology, but one that is intentionally being cultivated, a 2011 email states that the DEA’s system has the ability to store “up to 10 photos per vehicle transaction including 4 occupant photos.”
With the FBI rolling out facial a nationwide recognition program in 2016, the federal government building biometric databases, the fact that the feds can potentially access stored photographs of drivers and passengers, along with detailed location data, magnifies the privacy concerns surrounding ALPRs.
Passage of this legislation would represent a good first step toward putting a big dent in federal plans to continue location tracking, and expanding its facial recognition program. The less data the state makes available to the federal government, the less ability they have to track people in New York, and elsewhere.
S23 was referred to Senate Consumer Protection Committee where it must pass by a majority vote before moving forward in the legislative process.