San Jose police changes its automated license plate reader policy over privacy concerns
By Kenny Choi
San Jose has enacted new restrictions on the city’s network of automated license plate reader cameras.
On Tuesday, the City Council voted unanimously to place limits on where the devices can be installed and how long the data they retrieve can be stored. The new rules will reduce the data storage period from one year to 30 days and will prohibit ALPRs from recording vehicles at houses of worship and reproductive health clinics.
Other changes include restricting access to federal and immigration agencies and requiring multi-factor authentication for data access and usage. The new safeguards were proposed by the San Jose Police Department and received support from Mayor Matt Mahan, who said the cameras can be credited for a 20% reduction in crime.
Law enforcement agencies say the cameras help solve crimes, but critics are concerned about privacy and the massive amounts of data stored.
Across San Jose, nearly 474 license-plate reader cameras scan passing vehicles every day, capturing plate numbers, vehicle descriptions, and location.
But critics warn that the Flock Safety system is creating a massive database of drivers’ movements, raising concerns about government surveillance and potential misuse of data.
“We have automated license plate readers that capture information of every person who passes through its view, that’s regardless of whether or not you’re suspected of a crime. So that means it doesn’t matter what you’re doing, you are now being tracked,” said Huy Tran, SIREN Immigrant Rights Executive Director.
San Jose’s police chief says no other technology has been as impactful in fighting crime in his 30-plus years of law enforcement.
“We believe that [the approved proposal] satisfies many of the privacy concerns some people have while also giving our detectives the information they need to make their investigation advances,” said Police Chief Paul Joseph.
Other Bay Area cities have scaled back similar surveillance systems after revelations that federal agencies were able to access license plate data.
“We are sacrificing our civil liberties for this idea of public safety. But that’s the exact narrative, and this exact justification we see from the federal government for its violations of the law every single day,” said Tran.
“We’ve added additional requirements for any outside agency that wishes to get our data. One is they have to name the type of crime they are investigating, have to provide a case number, and have to give us a justification. Those are all required fields in a drop-down menu. Without entries of which they will not be able to access the data,” said Joseph.
Mountain View, Los Altos Hills, and the city of Santa Cruz recently ended partnerships with Flock Safety. Santa Clara County redrafted privacy policies, while San Francisco continues to use the system, and Oakland extended its contract last year.
