Open Records Laws Reveal ALPRs’ Sprawling Surveillance. Now States Want to Block What the Public Sees.
Summary
The Electronic Frontier Foundation (EFF) is alarmed by a national trend where several states are enacting or proposing laws to block public access to data collected by Automated License Plate Readers (ALPRs), including information derived from ALPR data. This trend undermines public records laws (FOIAs/PRAs) that have been crucial for scrutinizing law enforcement's use of ALPRs, revealing abuses, privacy violations, and fraudulent narratives. States like Arizona (SB 1111), Connecticut (SB 4), Washington (enacted law overriding court decision), Illinois (HB 3339), Georgia, Maryland, and Oklahoma have either passed or are considering measures to exempt broad categories of ALPR information from disclosure. While acknowledging legitimate privacy concerns with raw ALPR data, EFF argues against wholesale exemptions, proposing a balanced approach that uses privacy exemptions requiring case-by-case balancing, redaction of private information, and disclosure of aggregated or de-identified data to harmonize transparency and privacy rights.
Key takeaway
For Policy Makers considering ALPR legislation, you should reject wholesale exemptions from public records laws. Instead, implement robust privacy exemptions that mandate case-by-case balancing of transparency benefits against privacy costs. This approach, incorporating redaction and disclosure of aggregated or de-identified data, preserves essential public oversight of ALPR systems while protecting individual privacy, preventing the erosion of accountability for powerful surveillance technologies.
Key insights
States are blocking public access to ALPR data, but a balanced approach can harmonize transparency and privacy through redaction and aggregation.
Principles
- Public records laws are vital for government oversight.
- ALPR data is deeply revealing, posing significant privacy risks.
- Transparency and privacy require careful, case-by-case balancing.
Method
Implement public records laws with privacy exemptions requiring case-by-case balancing, allowing redaction of private data and disclosure of aggregated/de-identified ALPR information.
In practice
- Disclose ALPR data-sharing reports.
- Redact specific private information.
- Disclose aggregated/de-identified ALPR data.
Topics
- ALPR Surveillance
- Public Records Laws
- Data Privacy
- Government Transparency
- Legislative Oversight
- Electronic Frontier Foundation
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Editorial summary, takeaway, and curation by AIssential. Original article published by Deeplinks.