The Virginian-Pilot recently reported that use of automatic license plate readers continues in the Norfolk area in spite of an official opinion issued in February 2013 by former Attorney General Ken Cuccinelli. In the AG’s opinion, massive collection of data not related to any criminal investigation is a violation of Virginia’s Government Data Collection and Dissemination Practices Act of 2013.
The law states (in part) “Information shall not be collected unless the need for it has been clearly established in advance.” Also, “Information shall be appropriate and relevant to the purpose for which it has been collected.”
Some agencies immediately stopped using their license plate readers. Others limited the number of days that the data could be retained. For example, the Virginia State Police erases data after 24 hours. Portsmouth waits 72 hours. However, there is no state-wide standard established.
Typically, these systems are mounted on a patrol car, scanning and recording every license plate that comes within view. Proponents point to hundreds of arrests and return of stolen vehicles as proof of the overwhelming public good brought by this technology. They also point out that no expectation of privacy exists when a license plate is in public view on a public street. The cameras are merely replacing the eyes of a law enforcement officer.
However, privacy rights advocates, such as the American Civil Liberties Union, counter that no police officer is capable of recording hundreds of plates and cross-checking them in a single hour. According to Claire Guthrie Gastañaga, the executive director of the ACLU in Virginia, their greatest concern is the “passive collection of personal data without a demonstrable link to suspected criminal activity.”
Advocates of privacy rights are even more concerned that the Department of Homeland Security solicited quotes for a national license plate database to support immigration agents. The Washington Post reported on February 18, 2014 that the federal government was seeking a “national license-plate tracking system” from private companies. This system would “access vast amounts of information from commercial and law enforcement tag readers.”
The DHS program would impose no limits to the length of time that the contractor would be able to store the accumulated data. This is in stark contrast to data collected by Virginia law enforcement agencies. Presumably, such a system might render Virginia law unenforceable by transferring data from a state agency to the federal government.
Bruce Bremer, MBA is LET’s technology contributor. Bruce retired from the Submarine Service after 21 years of in-depth experience with complex electronic technology. Lately, he has been developing curriculum and technical documentation for lighter-than-air tethered surveillance craft (aerostats). He has an extensive background in fleet modernization and military analysis. He teaches electronics and alternative energy at a Virginia college. Besides his MBA, Bruce earned a Bachelor of Science degree in computer networking. He has been volunteering in public safety for many years.
To learn more:
http://hamptonroads.com/2014/04/despite-legal-opinion-plate-scanners-are-still-active
http://s3.documentcloud.org/documents/1019214/dhs-solicitation-of-bids-for-license-plate.pdf