Use and Disclosure of Automated License Plate Recognition System Data

Automated License Plate Recognition Definitions and Data Confidentiality

Within the Kansas Open Records Act, terms relating to automated license plate recognition (ALPR) are defined as:

ALPR system — one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data; and
Captured license plate data — the global positioning device coordinates, date and time, photograph, license plate number and any other data captured by or derived from an automated license plate recognition system.

KSA 45-221(a)(55) excludes records of public agencies that contain captured license plate data or that pertain to the location of an ALPR system from disclosure.

At least 18 other states address one or more aspects of ALPR data confidentiality, use, or both in statutes. Florida, Georgia, Maryland, and Tennessee are among the states that specifically exclude ALPR system data from disclosure.

Law Enforcement Uses of ALPR

According to testimony provided to the Senate Committee on Transportation in 2021 on SB 305, ALPR system technology has been used by law enforcement agencies in Kansas for almost two decades. Private industries such as insurers and vehicle repossession companies also use ALPR data collected by systems available from various vendors.

Law enforcement officials stated ALPR technology has been used in Kansas as a force multiplier to assist in the recovery of stolen vehicles, arrest of suspected felons, prosecutions, and recovery of kidnapping and sex trafficking victims; to confirm the presence of motorcycle gangs; to reduce time searching for vehicles; and to confirm an alibi in a murder case.

Cameras may be mounted in a permanent location, such as on a bridge or tollway entrance gantry, or on a vehicle. Plate data are sent to a central location to be compared with data such as the license plate numbers of stolen vehicles or vehicles associated with specific crimes.

State Limits on ALPR System Use

Some states limit ALPR system uses. For example, Oklahoma law states an ALPR system “shall not be used by any individual or agency for purposes other than enforcement of the Compulsory Insurance Law.” Nebraska statutes restrict uses by “governmental entities.” New Hampshire law authorizes only law enforcement officers to be users of ALPR systems. Illinois prohibits use to investigate immigration status or interfere with reproductive health services. Montana law limits use to identifying a vehicle that is stolen; associated with a wanted, missing, or endangered person; registered to a person against whom there is an outstanding warrant; in violation of commercial trucking requirements; involved in case-specific criminal investigative surveillance; involved in a homicide, shooting, or other major crime or incident; or in the vicinity of a recent crime and may be connected to that crime.

Some states’ statutes direct a law enforcement authority to determine policies for “collection, use, storage, dissemination, and transmittal” of ALPR data, to quote from a statute directing activity of the Alabama Justice Information Commission. California, Minnesota, and Utah, among other states, require “each enforcement agency that utilizes such systems to adopt and maintain a detailed, written policy relating to the use and operation of such systems.” [Note: 2021 SB 305, which died in committee, contained similar provisions.]

Some states, including North Carolina, require audits or reports of who accessed the ALPR system data, when, and for what purpose.

State Limits on ALPR Data Retention

ALPR system data laws limit the length of time ALPR data may be retained, with exceptions for data necessary for ongoing criminal investigations. Such limits range from Maine’s 21 days on the shorter end, to Vermont’s 18 months, to Georgia’s 30 months on the longer end. More broadly, Colorado limits access to “passive surveillance records,” including ALPR system data, after one year and requires its destruction on the third anniversary of its creation.