What happened in Virginia?
Rapp News reported that a Virginia prosecutor decided not to charge a police officer who shared license plate reader data with federal authorities without authorization. The sharing happened in an Isle of Wight case that was meant to support an investigation.
Senate Majority Leader Scott Surovell, D-Fairfax, said localities should face penalties when they share data improperly. He said some law enforcement agencies have not followed the ALPR laws that took effect July 1, 2025.
What does Virginia's ALPR law allow now?
The law Gov. Abigail Spanberger signed earlier this year limits how the systems can be used and who can receive their data. Under it:
- Use is limited to investigating suspected crimes with reasonable suspicion, missing or endangered people, and human trafficking.
- Data may be shared with other Virginia agencies, commonwealth's attorneys, defendants and their counsel, or the ALPR vendor.
- Data may be shared under a court order or subpoena, or to alert the public to an emergency.
- The general retention limit is 21 days, though data can stay longer for an ongoing investigation, prosecution, or civil action.
The statute bars sharing with any database of another state, federal, private, or commercial entity. It does not expressly bar sharing directly with out-of-state or federal officers, which is the gap the Isle of Wight case exposed.
What did the state survey find?
Of 361 law enforcement agencies surveyed, about 70% responded, or 251 agencies. Of those responding:
- 159 agencies, or 44% of the 361 surveyed, reported using ALPR technology.
- Of those 159 agencies, 20% reported keeping data longer than the 21-day limit.
Chris Kaiser, policy director for the ACLU of Virginia, said it is hard to tell whether ALPRs actually help solve cases. He also warned that one agency's noncompliance could expose statewide data.
What changes for drivers?
The report does not describe a new rule that would change which cameras drivers pass. No bill had been filed as of last Thursday afternoon. Rappahannock County's sheriff ended the county's Flock Safety agreement for four ALPRs in July, and that decision covers only that county's readers. The report does not address cameras run by other localities or private owners. You can check mapped cameras on the camera map, and read how plate readers work for background on what the systems record.
What happens next?
The State Crime Commission was expected to send its statewide survey results to lawmakers by Nov. 1. Rapp News doesn't say whether that happened.
Lawmakers return to Richmond in January to discuss related legislation. Sens. Lashrecse Aird, D-Henrico, and Glen Sturtevant, R-Chesterfield, have publicly expressed interest in banning the readers. Others have called for more transparency. The January session is the next concrete step.