HomeMy WebLinkAboutPRA 2026-128 (Flock)_2023.11.21 Regular Meeting Staff ReportAgenda #: 5.6
Meeting Date: November 21, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AUTOMATED LICENSE PLATE READER USE (ALPR) AND
DEPLOYMENT POLICY
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve the Automated License Plate Reader Use Policy.
FINANCIAL IMPACT:
None.
BACKGROUND:
At the February 28, 2023 meeting, the City Council Public Safety Committee requested
that staff prepare a presentation related to the use of Automated License Plate Reader
ALPR) surveillance systems in Diamond Bar. The matter was subsequently presented
to the committee at the March 28, 2023 meeting, at which time staff was directed to
prepare the item for City Council discussion. At the April 18, 2023 Study Session, the
City Council discussed the matter and directed staff to return with additional information
for further discussion and direction. At the July 18, 2023 Study Session, the City Council
directed staff to begin negotiations with ALPR services provider Flock Group, Inc. and
bring a contract to an upcoming Regular Meeting for City Council consideration. Finally,
at the September 19, 2023 Regular Meeting, the City Council approved a contract with
Flock Safety to place ALPR cameras at ingress and egress points throughout the city.
Staff and Flock representatives have been working cooperatively to deploy the 50
cameras included in the contract.
ANALYSIS:
ALPRs are camera-based surveillance devices that capture vehicle license plate data.
This data can be used by law enforcement in a number of ways, including to monitor
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where a vehicle has been, identify travel patterns over time, and determine links
between different vehicles. ALPR camera systems can supplement license plate data
with automated collection of vehicle identifiers like make, model, color, and features like
roof racks and bumper stickers and can also track pedestrians, animals, and other
objects in view of the camera.
ALPR cameras are fixed-mounted approximately 15 feet above traffic lanes on existing
traffic signal and/or light poles. The cameras are powered with solar -charged batteries
and use LTE cell networks to communicate with servers maintained by the provider.
Data collected is fed through a state crime database. Local patrol deputies can receive
real-time push notifications via mobile application when a vehicle on the database is
flagged by a local ALPR camera. Deputies and authorized users can also create a “hot
list” of specific vehicles of interest that may not be in the database and receive real-time
notifications for those vehicles as well. Data is maintained on cloud servers hosted by
Amazon Web Services (AWS). The proposed system does not currently collect video,
use facial recognition, or intentionally capture images of a vehicle’s driver.
To comply with California Civil Code 1798.90.5 et. seq., the City must approve the
attached policy governing the use of the ALPR cameras, use, storage, and access to
the data generated by the system, training of users, and location of cameras, among
other provisions.
Access to the system and data is limited to trained law enforcement personnel.
Data generated by the system is maintained for one year.
The City Attorney, despite previous assertions, has determined that data
generated by the system is not subject to disclosure under the Public Records
Act.
Deployment of cameras is limited to arterial streets and deployment locations
and equipment are reviewed by the Public Works Department to ensure the
City’s design specifications are met.
The Captain has reviewed the policy to ensure that it is consistent with LASD
procedures.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.6.a City Council Policy 2023-01 - ALPR Use and Deployment Policy
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City Council Policy and Procedure
Number: 2023-01
Effective Date: 11/21/23
City Council Policy 2023-01 Effective Date: 11/21/2023 Page 1 of 5
Automated License Plate Readers (ALPR) Use and Deployment Policy
1. Purpose
1.1 The purpose of this policy is to provide guidance for the capture, storage
and use of digital data obtained through the use of Automated License
Plate Reader (ALPR) technology.
1.2 The ALPR system is a searchable computerized database resulting from the
operation of one or more mobile or fixed cameras combined with
computer algorithms to read and convert images of license plates and the
characters they contain into computer-readable data. Modern ALPR
technology provides automated detection of license plates, and when
supplemented with innovative ALPR software, also detects vehicle images
and data such as make, model, color, and unique features.
1.3 The images stored in the system are collected from areas visible to the
public where there is no reasonable expectation of privacy. The collection
and dissemination of the information contained in the system is protected
activity under the First Amendment to the U.S. Constitution. Moreover, ALPR
data stored in the system does not include any personally identifying
information, or information which relates the license plate image to the
driver or registered owner of a vehicle. Personal identifying information
contained in vehicle registration information is protected by federal law
Driver’s Privacy Protection Act, Title 18, US Code, Section 2721 et seq.) and
State laws.
1.4 Law enforcement may have access to vehicle registration information, and
other sources of personal identifying information, which they may correlate
with ALPR data stored in the system to create vehicle hot-lists in
accordance with the above referenced federal law. All hot-list fields other
than the license plate number itself are encrypted to protect any personal
identifying information that may exist in these hot-lists.
1.5 ALPR data is used for official law enforcement purposes including
identifying stolen or wanted vehicles, stolen license plates and missing
persons. ALPRs may also be used to gather information related to active
warrants, homeland security, electronic surveillance, suspect interdiction
and stolen property recovery.
2. Policy
2.1 Under contract with a third-party vendor, the City deploys ALPR cameras at
public locations to be used for law enforcement purposes only. Access to
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City Council Policy 2023-01 Effective Date: 11/21/2023 Page 2 of 5
ALPR cameras and associated data is restricted to authorized users only. In
compliance with state law, this policy regulates the use, management,
retention and other aspects of the City’s ALPR system. Any data obtained
from City ALPR systems shall be used and handled pursuant to this Policy
and applicable state and federal law.
3. Procedure
3.1 Authorized Use.
3.1.1 ALPR system access is limited to personnel of the Los Angeles County
Sheriff’s Department (LASD) pursuant to a Municipal Law
Enforcement Services Agreement with the City. The City’s
contracted ALPR vendor may access the system to conduct routine
system maintenance.
3.1.2 The ALPR system shall be used only in the course of official and
legitimate law enforcement business or in conjunction with a criminal
investigation. Reasonable suspicion or probable cause is not
necessary for use.
3.1.3 No member of the City’s law enforcement services provider shall
operate ALPR equipment or access ALPR data without first
completing LASD-approved training consistent with the provisions of
this policy.
3.1.4 No ALPR operator may access department, state or federal data
unless otherwise authorized to do so.
3.1.5 LASD personnel shall verify an ALPR response through California Law
Enforcement Telecommunications System (CLETS) before taking
enforcement action that is based solely on an alert or “hit” from the
ALPR system.
3.1.6 In addition to the provisions of this policy, LASD personnel shall
comply with any LASD policies, procedures, and field operations
directives associated with ALPRs and other surveillance technology.
Where there is a conflict, this policy shall supersede.
3.2 System Administration and Training.
3.2.1 The City Manager or designee is responsible for managing
compliance by the contracted ALPR provider.
3.2.2 The LASD station captain assigned to Diamond Bar/Walnut Station is
responsible for ensuring that LASD personnel granted access to the
City’s ALPR system comply with the terms of this policy and the
requirements of Civil Code § 1798.90.5 et seq., including:
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City Council Policy 2023-01 Effective Date: 11/21/2023 Page 3 of 5
3.2.2.1 A description of the job title or other designation of the LASD
personnel who are authorized to use or access the ALPR
system or to collect ALPR information.
3.2.2.2 All personnel authorized to use and access the ALPR system
and data pursuant to this Policy shall receive all required
training from the Sheriff’s Office. Said Personnel shall also
review and receive copies of this Policy and the Sheriff’s
Surveillance Use policy.
3.2.2.3 The Los Angeles County Sheriff’s Department Diamond
Bar/Walnut Station Captain is responsible for ensuring that
authorized users complete the annual training. (Civil Code §
1798.90.51; Civil Code § 1798.90.53).
3.2.2.4 A description of how the ALPR system will be monitored to
ensure the security of the information and compliance with
applicable privacy laws.
3.2.2.5 Procedures for system operators to maintain records of
access in compliance with Civil Code § 1798.90.52.
3.2.2.6 The title and name of the current designee in overseeing the
ALPR operation.
3.2.2.7 Working with the Custodian of Records/City Clerk on the
retention and destruction of ALPR data.
3.2.2.8 Ensuring this policy and related procedures are
conspicuously posted on the City’s website.
3.2.3 Installation and maintenance of ALPR equipment placed in the
public right-of-way shall be managed by the City Manager or
designee in cooperation with the Public Works Department and the
City’s contracted ALPR provider.
3.3 Data Collection and Retention.
3.3.1 ALPR data may include, but is not limited to digital images and
metadata such as license plate numbers, vehicle make, model, and
color, unique vehicle features, and the date, time, and location of
the vehicle when it passed the ALPR camera.
3.3.2 Data generated by the ALPR system is automatically uploaded to
cloud servers provided for and maintained by the City’s contracted
ALPR vendor. The City’s contracted ALPR vendor is responsible for
implementing measures to maintain the security of the data stored
on cloud servers.
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3.3.3 Data generated by the ALPR system shall be purged by the City’s
contracted ALPR provider one year from the date it was uploaded
to the cloud server.
3.3.4 Only LASD personnel may download ALPR data for authorized law
enforcement purposes involving a criminal investigation or civil
action only. ALPR data downloaded to a local server, printed,
and/or copied shall be purged no later than one year after it was
printed or downloaded unless it has become evidence in a criminal
or civil action or is subject to a discovery request or other lawful
action to produce records. In those circumstances the applicable
data should be downloaded from the server onto portable media
and booked into evidence.
3.3.5 Downloaded, printed, and copied data shall be maintained in
accordance with applicable state and federal evidentiary laws and
maintain appropriate chain of custody. Additionally, LASD shall
implement physical security, encryption, firewalls, authentication,
and other reasonable security measures to protect data and
materials stored outside the ALPR system.
3.3.6 ALPR system audits shall be conducted by LASD on a regular basis to
ensure compliance with the terms of this policy.
3.4 Data Sharing.
3.4.1 Other law enforcement agencies as permitted by California law as
part of a formal criminal or administrative investigation.
3.4.2 District Attorney's Office as permitted by California law for use as
evidence to aid in prosecution, in accordance with laws governing
evidence.
3.4.3 Public Defender's Office or criminal defense attorney via the District
Attorney's Office in accordance with California criminal discovery
laws.
3.4.4 Parties to civil litigation, or other third parties, in response to a valid
court order only.
3.4.5 Pursuant to California law (Government Code § 7282.5, Government
Code § 7284.2 et seq. and Penal § 13778.2), the City’s ALPR data
may not be shared with agencies for the purposes of federal
immigration enforcement or regarding an abortion that is lawful
under California law.
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3.4.6 Civil Code 1798.90.55(b) provides that ALPR data shall not be sold,
shared, transferred, or made public unless required by state or
federal law, or by court order. Consequently, data is exempt from
disclosure pursuant to the California Public Records Act pursuant to
Government Code § 7927.705 and Civil Code 1798.90.55(b).
3.5 Deployment of ALPR.
3.5.1 ALPR cameras shall be deployed in the public right-of-way in a
manner that provides adequate coverage of points of entry/exit to
the City. In general, ALPR cameras shall be placed on arterial or
collector streets and not be deployed on residential streets or in
residential neighborhoods.
3.5.2 Prior to installation of each ALPR camera, the City Engineer or
designee shall determine that the installation will not cause a
change in the physical condition of the public right-of-way such that
the proposed installation will negatively affect the approved design
of the right-of-way or will result in a dangerous condition. The City
Engineer may otherwise require the preparation of plans and
specifications for approval by the City Council prior to the installation
of an ALPR camera.
4. Further Information
4.1 For further information, contact the City Manager’s Office.
5. References
5.1 Civil Code § 1798.90.5 et seq.
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