License plate readers come with privacy concerns

Police may know exactly where you've been at any given day and time with new technology that has been popping up at police departments across the nation, and it has one organization watching for possible violations of the Fourth Amendment right to due process.

A September 2009 report – “Privacy impact assessment report for the utilization of license plate readers” – from the International Association of Chiefs of Police provides this definition of the technology that scans and records license plate data:
“License Plate Reader systems consist of high-speed cameras combined with sophisticated computer algorithms capable of converting the images of license plates into computer-readable data. LPR systems typically utilize specialized cameras designed to capture images of license plates, whether from fixed positions or mobile patrol vehicles.”

Holly Dickson, legal director of the American Civil Liberties Union of Arkansas, said some Arkansas police departments are using license plate scanners as a law enforcement tool.

FIRST AMENDMENT CONCERNS
A July 23 report from the national ACLU argues that such systems “endangers our rights of protest and association and has the potential to reach deep into our lives and alter our daily decision making.” The ACLU authors argued for a “strict retention” policy to limit the potential for erosion of civil liberties.

The IACP report from 2009 also mentions the risks of the technology.

“Recording driving habits could implicate First Amendment concerns. Specifically, LPR systems have the ability to record vehicles’ attendance at locations or events that, although lawful and public, may be considered private. For example, mobile LPR units could read and collect the license plate numbers of vehicles parked at addiction counseling meetings, doctors’ offices, health clinics, or even staging areas for political protests,” noted the report.

The IACP report noted several methods to protect against unauthorized use of data collected from the readers. The methods include system audits, establishing policies that prohibit unauthorized data sharing and establishing punishments for those who violate rules associated with data management.

ARKANSAS RULES
But while other states may not have rules in place on what data can be stored, for how long and what it can be used for, Dickson said Arkansas has taken a step to be pro-active in dealing with privacy concerns.

"There was a law passed this last session that limited use, storing and data, of license plate scanning devices in Arkansas," she said, explaining that Act 1491 dictates any data not part of a criminal investigation that is collected by the scanners has to be deleted within 150 days of collection.

Rep. Nate Steel, D-Nashville, was the sponsor of the legislation, which he pushed for after hearing a story on National Public Radio on the use of license plate scanners by the Little Rock Police Department.

"I listened to a story on NPR about the use of the new scanners purchased by the city of Little Rock and I contacted someone with the city to see if they had a written policy, and they didn't at the time," he said. "I saw that there would be a trend statewide and that it would be regulated, one way or another."

Steel, who is seeking the Democratic nomination for attorney general in next year's election, said the bill he wrote, with support of many conservative legislators, was intended to strike a balance between a police department's need to conduct investigations and the public's right to privacy.

Dickson said the ACLU of Arkansas was supportive of the bill, which also limits the sharing of data.

"It limits the private use of license scanners and I could not use it and sell data about where my neighbors were and when," she said. "It defines those."

FAYETTEVILLE, FORT SMITH READERS
Two departments in the area using the scanners include the Fort Smith and Fayetteville Police Departments.

In Fort Smith, Chief Kevin Lindsey said two of the scanning units are owned by the city.

"They're not used on a regular basis," he said, though he explained that the scanners can be used for a variety of purposes, including looking for stolen vehicles or sex offenders.

"When we first got them, we got them for detecting stolen vehicles. We would go through hotel parking lots and (we could locate) people that may be wanted that come back on the registration," Lindsey said. "They're not used a whole lot, and they're not in operation all the time."

The data, he said, compared with "the ACIC (Arkansas Crime Information Center), sex offenders and the BOLOs (be on the lookout) that come out from dispatch. We can put a BOLO list into the system. It's a BOLO for plates, just a direct comparison."

LIMITED LOCAL USE
Another feature available to the office is a geotagging feature, according to Lindsey.

"We can look at the history that this vehicle was seen in the same spot three days ago. You can track a vehicle's movement or stationary route. Once again, it's not something we use."

While Fort Smith's police chief was very open about the license plate scanners and how the systems can be used, Fayetteville Police Cpl. Dan Montgomery would only say that his department has a license plate scanner on one car that is used "only for drug interdiction" on Interstate 540.

Public Information Office Keith Foster of the Rogers Police Department said his department does not have scanners and he is unsure whether the department will invest in the technology.

"As far as I know, they haven't talked about it."

Lindsey said concerns about privacy and protection are something his department takes seriously, but added that the information gathered by his department is taken on "public streets" and that no seizure of goods is taking place.

"All we're doing is just comparing information," he said. "It's not a profiling type of thing. It's a solid piece of information we use to compare with what we got off the license plate scanner. It's not intrusive at all."