Flock Safety cameras capture license plates. (Photo courtesy of Flock Safety)
Virginia lawmakers are moving to regulate automatic license plate readers (ALPRs) for the first time, but privacy advocates warn that the legislation could expand surveillance rather than rein it in.
The House of Delegates passed a proposal Tuesday that would impose rules on the use of ALPRs, a technology that has become widely adopted by law enforcement, private businesses, and homeowner associations but has largely operated in a grey legal area.
House Bill 2724, sponsored by Del. Charniele Herring, D-Alexandria, seeks to limit how police can use the data collected by the cameras and restrict how long it can be stored. It also authorizes the Virginia Department of Transportation to issue permits for ALPR installation along the state’s highways.
The legislation follows growing concerns over the potential misuse of the technology. In Norfolk, residents have filed a federal lawsuit arguing that ALPR cameras violate their Fourth Amendment rights, which protect against unreasonable searches and seizures. In another troubling case, a mother and children were held at gunpoint after being mistakenly identified as driving a stolen car based on an ALPR alert.
While Herring’s bill is meant to create safeguards around ALPR use, critics argue it actually paves the way for a major expansion of surveillance across Virginia.
Justice Forward Virginia founder Brad Haywood took to social media this week to accuse Herring of pushing legislation that benefits private companies selling ALPR systems rather than protecting civil liberties.
Haywood said Herring was “passing it off as ‘regulation’ when she knows full well that it gives Flock Safety 60,000 more miles of highways on which to install its Big Brother cameras.”
Flock Safety, one of the leading manufacturers of ALPRs, has aggressively marketed its cameras nationwide, partnering with police departments and private entities to expand their use.
With Herring’s bill now headed to the Senate, it is likely to face continued scrutiny and pushback.
When lawmakers examined ALPR regulations last year, Sen. Danny Diggs, R-Yorktown, defended the technology and its use to law enforcement from his perspective as a former sheriff.
Meanwhile, Sen. Lashrecse Aird, D-Petersburg, raised concerns about potential misuse, warning that ALPRs could disproportionately impact people of color.
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