SB 34: Automated license plate recognition systems: use of data.

(1)Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer.

Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the departments LPR practices and usage.

This bill would impose specified requirements on an ALPR operator as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill would impose similar requirements on an ALPR end-user, as defined.

The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a specified record of that access and require that ALPR information only be used for authorized purposes.

The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm.

The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or transferring ALPR information, except to another public agency, as specified.

(2)Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines personal information for these purposes to include an individuals first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, drivers license numbers, financial accounts, and medical information.

This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information is not encrypted and is used in combination with an individuals name, in the definition of personal information discussed above.

This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last.

This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last.