Franklin Observer reported, citing the American Civil Liberties Union of Massachusetts, that a Suffolk Superior Court judge ruled on Thursday that the Massachusetts State Police cannot withhold basic information about its automatic license plate reader cameras.
The ACLU of Massachusetts had asked for the records for more than five years. They include the locations of the cameras and audit data showing when, why and how often State Police officers search the ALPR database. The State Police withheld them under public records exemptions for critical infrastructure and ongoing criminal investigations.
What did the court rule?
According to the ACLU, the State Police did not meet its burden to justify keeping the camera locations or the audit logs secret. The judge granted the ACLU's motion for summary judgment, which asks for the records to be made public.
The ruling covers the audit logs with license plate numbers redacted. Franklin Observer does not say when the State Police must release the records.
How did the case reach court?
The ACLU first filed a records request after the Massachusetts Supreme Judicial Court said in 2020 that "with enough cameras in enough locations," this kind of surveillance could trigger constitutional protection. The State Police kept refusing to turn over basic information, so the ACLU filed a public records lawsuit in November 2023.
Kade Crockford, director of technology and justice programs at the ACLU of Massachusetts, said many residents do not know the State Police run their own statewide network of plate readers. Crockford said the ruling means the public has a right to know where and how police are tracking motorists around the state.
What does the ruling mean for drivers in Massachusetts?
The ruling is about the State Police network. It does not address the cameras that towns run, and Franklin Observer does not say whether it affects them.
Franklin Observer reports, citing the ACLU, that at least 25 Massachusetts municipalities have canceled Flock contracts or ended pilot programs over the past 18 months. Franklin Observer does not list them. Cameras run by the State Police, a neighboring town, the county, a business or an HOA stay where they are.
The ACLU has published a Community Advocacy Toolkit and Local Conversation Guide for residents who want to learn how plate readers are used in their town. For background on the technology, read how plate readers work. To see what is mapped near you, check the camera map.
The release of the records is the next step in the case. Franklin Observer gives no date for it.