Arizona lawmaker details failed automated license plate reader bill as misuse investigations continue
Are license plate cameras a privacy threat?
A former Assistant U.S. Attorney weighs the investigative power of Flock cameras against the massive potential for privacy misuse. FOX 10's Jacob Luthi reports.
PHOENIX - Automated license plate readers are raising new questions across Arizona over police oversight, privacy and how the data collected by the technology is used.
The issue has gained attention after two Arizona officers resigned over alleged misuse of automated license plate reader technology. Some agencies have have discontinued their programs, while others are investigating possible misuse.
What we know:
Republican state Sen. Kevin Payne says he saw the need for stronger oversight months ago. In January, he introduced Senate Bill 1111, which was intended to establish guardrails for law enforcement agencies using the technology.
"We're in the Wild West, and I thought if we could get a little bit of guardrails up there, that would be a big plus," Payne said.
In part, the bill would have required training for every user, required searches of license plate data to be tracked — including who accessed the information, when and why — and made intentional misuse a Class 6 felony.
"If you're going to abuse the system you need to get more than fired," Payne said. "You need to go to jail, in my opinion."
Payne says the bill, which was written with broad law enforcement support, failed on the Senate floor in March.
Local perspective:
Meanwhile, Goodyear and Surprise are investigating possible misuse. Pinal County Sheriff Ross Teeple said they will not renew its program, saying Fourth Amendment rights must come first. Officers in Apache Junction and Chandler have also resigned.
READ MORE
- Goodyear police probe potential misuse of Flock cameras, officer placed on leave
- Surprise identifies 'anomaly' in use of license plate reader system, suspends use of the system
- Apache Junction officer resigns after using license plate reader to track down his wife
- Chandler police officer admits to misusing Flock camera system and resigns: PD
Apache Junction's Police Chief Michael Pooley said Monday that he supports tougher rules.
"Right now, it's not a crime, in my opinion. Should it be? Absolutely," Pooley said. "I would love to see that if this was accessed intentionally for personal use. It should be a crime."
Dig deeper:
Defense Attorney and former Assistant U.S. Attorney Josh Kolsrud says the debate involves both the technology and how it is used.
"When you see the Flock cameras, it's a little different because your behavior is stored in a supercomputer somewhere, and it's shared with every law enforcement agency in the United States," Kolsrud said. "Any one of those law enforcement agencies could look up, just type up your name or license plate and discover every pattern that you have in your life."
Kolsrud also says the technology can be a powerful investigative tool, including for tracking patterns involving human and drug traffickers.
"Do the ALPR's or Flock cameras help prevent crime? The answer is yes. Emphatically yes," Kolsrud said. "But it comes with a cost ... there's also a huge potential of misuse with that type of power."
Payne says he plans to build on the failed legislation and introduce a similar bill in the future.