License plate reader use under scrutiny in Metro Detroit
Automated license plate readers (ALPRs), such as Flock-brand cameras, are being used by police departments across the metro area, including in Detroit.
As several law enforcement agencies continue to use the technology, lawmakers in the Michigan House have introduced bipartisan legislation to establish statewide guardrails for how the data is used and shared. It's an initiative backed by the ACLU of Michigan.
"It's not just a license plate; it's much more than that," said Kyle Zawacki, legislative director of ACLU of Michigan.
House Bill 5492 would regulate the use of ALPRs by private and governmental entities and regulate the use of plate data. Under the bill, governmental entities could obtain or use privately captured plate data only pursuant to a warrant or request, provided the system retained the data for up to 14 days.
A similar bill was introduced in the state Senate by GOP Sen. Jim Runestad.
Flock says its cameras capture still images of vehicles, including license plates and characteristics such as make, color, and distinguishing features. The company says it does not use facial recognition or identify who is inside.
"That is not what these cameras are. Allegedly, they're not collecting video, but they are taking hundreds of images every minute, and those images are collecting beyond just your license plate," said Zawacki.
Police say the technology can also help solve crimes. In Fraser, Flock cameras recently helped police locate a driver accused of a fatal hit-and-run involving a motorcyclist.
In a statement to CBS News Detroit, the Detroit Police Department says it uses license plate readers "as an investigative tool to assist with solving crime."
The department went on to say:
"We have seen many cases move forward in their progress and be solved due to this technology. With all of our technology, we have incorporated several policy safeguards to ensure proper access and use of LPRs throughout the department. One in particular - which is our data sharing policy - controls who and what data is authorized to be shared with other law enforcement agencies. This safeguard reinforces the responsibility and the ultimate accountability in viewing data gathered from LPRs. Finally, personal privacy is a main concern that the department takes very seriously. The concern is highlighted in our retention policy, that only retains LPR data for a finite amount of time before mandatory deletion. This type of oversight assures our community that if the data is not an integral part of an investigation, it will not remain subject to review."
Flock says local agencies control their data and who it is shared with, and every search requires a documented reason and creates a permanent audit record. The company now recommends a seven-day retention period for new customers.
However, Zawacki said, "Additional safeguards are absolutely needed. If that internal protection or audit trail would prevent misuse, then there would be no misuse, and there clearly is misuse. We see it across the country. We've seen it in Michigan."