In a recent opinion piece, Shelby County District Attorney Steve Mulroy outlined proposed regulations for automatic license plate readers (ALPRs) such as those from Flock Safety. His proposals aim to balance crime-solving needs with privacy protection. This follows a trend of public and political pushback against ALPRs, as The Commercial Appeal reported.
Mulroy's suggestions come as both Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott have supported a "Defund The Flock Police" movement, citing privacy concerns. More than 50 cities in 20 states have deactivated or rejected Flock cameras. Misuse of the cameras by some police officers to track personal contacts has also fueled this response.
What are the proposed rules for ALPR use?
Mulroy, as a District Attorney, acknowledges the value of ALPRs in solving crimes, such as homicides, burglaries, and locating stolen vehicles or missing persons. However, he emphasizes the need for regulations to prevent misuse and protect civil liberties. His proposed rules include:
- Limiting Warrantless Searches: ALPRs could be used without a warrant for crime scene traffic, stolen vehicles, missing persons, and emergencies. However, a warrant would be required for tracking a suspect's movements over time.
- Restricting Use to Crime: Surveillance should be reserved for actual crime investigations, not for issues like truancy or immigration enforcement. Some jurisdictions already prevent sharing ALPR data with immigration authorities.
- Implementing Real Safeguards: Police must record a specific, approved case investigation as the reason for each search. Supervisors should conduct regular audits of ALPR use, with results published for transparency. Individuals should have a right to sue for privacy abuses.
- Human Verification: If the ALPR system flags a match, human officers should double-check the information before making a traffic stop or arrest. This helps reduce "false positives," which can be as high as 37% in some internal police reviews.
- Transparency: Local governments should publish details like the number of cameras, agencies with access, monthly search counts, false hit rates, and data retention policies.
- Data Purge: Records, including images and metadata, should be purged after 30 days unless they are part of a legitimate case file. This prevents long-term data mining.
How do these proposals affect drivers?
For drivers, these proposals aim to create clearer boundaries around how and why their license plate data is collected and used. If these rules were adopted, it could mean:
- More Accountability: Police departments would face greater scrutiny over their ALPR use, potentially reducing instances of misuse.
- Reduced Risk of False Stops: Requiring human verification for ALPR matches could decrease the chance of innocent drivers being pulled over due to system errors. You can learn more about how ALPRs work and their accuracy on our /learn page.
- Limited Long-Term Tracking: The requirement for warrants to track individuals over time means your travel patterns would be less likely to be continuously monitored without specific legal justification.
- Greater Transparency: Public access to audit results and usage statistics would allow residents to better understand how ALPRs are being deployed in their communities. You can check our /map for camera locations we've identified.
Mulroy's proposals suggest a framework for regulating ALPRs that acknowledges both their utility in law enforcement and the public's right to privacy. The next step would be for local and state governments to consider adopting such policies.