License plates are more than numbers and letters you display on your car. When police photograph your license plate, scan it, record the precise times and locations of the scans, and store all that information indefinitely in a database, they can search this information to piece together your movements and travel patterns. Itās highly personal information that reveals where we go, who we visit, and other details of our private lives.
Yesterday we filed an amicus brief asking the Virginia Supreme Court to hold that the stateās law enforcement agencies must purge plate information they collect using Automated License Plate Readers (ALPRs) because itās personal information. A state law called the Government Data Collection & Dissemination Practices Act, enacted in response to concerns over the increasing use of technologies by governments and companies to compile detailed information about citizensā private lives, requires agencies to delete personal information. We want the court to protect our privacy and establish that the bar is high for the police to retain personal information.
Mounted on squad cars and at fixed, roadside locations such as street lights, ALPRs are sophisticated camera systems that read license plates and record the time, date, and location a particular car was encountered. ALPRs typically have a continuous connection to a computer server and, in many cases, are never turned off. They can scan up to 1,600 plates per minute, capturing the plate numbers of millions of innocent, law-abiding drivers who arenāt under any kind of investigation and just living their daily lives.
The data can be mingled with other law enforcement database and enable police to learn where we are and when, whether itās at our house of worship, our doctorās office, a political meeting, or a gun show. Harrison Neal, a resident of Fairfax County in Virginia, is concerned by these ongoing privacy violations. The Fairfax County Police Department uses ALPRs that read every license plate that goes by, and stores the records for up to a year. Mr. Nealās plate was collected at least twice. He sued with the help of the ACLU of Virginia, arguing that the Data Act requires the police to purge their ALPR data. (In California, a 2015 law supported by EFF also added data collected by ALPR as āpersonal information.ā)
A judge in Fairfax County threw the case out, ruling that ALPR data isnāt āpersonal informationā under the stateās Data Act, in one of the first such rulings of its kind in the nation. A license plate number can lead police to a vehicle, not a person, the judge reasoned. The decision flouts a finding by the Virginia Attorney Generalās office, which determined ALPR data that wasnāt immediately linked to a criminal investigation was āpersonal informationā protected by the law.