Today's Law As Amended


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SB-210 Automated license plate recognition systems: use of data.(2021-2022)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) It is well documented that agencies engaged in federal immigration enforcement are exploiting automated license plate reader (ALPR) databases containing the locations of immigrant drivers as part of their efforts to locate and deport Californians.
(b) The selling, sharing, or transferring of ALPR information by a California state or local public agency with an out-of-state or federal agency is prohibited under subdivision (b) of Section 1798.90.55 of the Civil Code.
(c) Despite existing law, public agencies in California share ALPR information with agencies engaged in federal immigration enforcement.
(d) Further legislation is needed to ensure that ALPR information is retained only for immediate comparison with a hot list and avoids being retained and used for purposes of federal immigration enforcement.

SEC. 2.

 Section 1798.90.51 of the Civil Code is amended to read:

1798.90.51.
 An ALPR operator shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. These reasonable security procedures and practices shall include, but are not limited to, the following: 
(1) An annual audit to review ALPR end-user searches during the previous year to assess user searches, determine if all searches were in compliance with the usage and privacy policy, and, if the ALPR operator is a public agency and not an airport authority, confirm that all ALPR data that does not match hot list information has been routinely destroyed in 24 hours or less.
(2) If the ALPR operator is a public agency and not an airport authority, destruction of all ALPR information that does not match information on a hot list in 24 hours or less.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy and annual audits  shall be available to the public in writing, and, if the ALPR operator has an Internet Web site,  internet website,  the usage and privacy policy and annual audits  shall be posted conspicuously on that Internet Web site. internet website. 
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. ALPR information. If the ALPR operator is a public agency and not an airport authority, the policy shall require destruction of ALPR data that does not match hot list information in 24 hours or less. 
(c) For purposes of this title, “hot list” means a list or lists of license plates of vehicles of interest against which the ALPR system is comparing vehicles on the roadways.

SEC. 3.

 Section 1798.90.52 of the Civil Code is amended to read:

1798.90.52.
 If an ALPR operator or an ALPR end-user  accesses or provides access to ALPR information, the ALPR operator or ALPR end-user  shall do both all  of the following:
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system.
(3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51.
(c) Conduct an annual audit to review ALPR end-user searches during the previous year to assess user searches, determine if all searches were in compliance with the usage and privacy policy, and, if the ALPR operator or ALPR end-user is a public agency and not an airport authority, confirm that all ALPR data that does not match hot list information has been routinely destroyed in 24 hours or less.

SEC. 4.

 Section 1798.90.53 of the Civil Code is amended to read:

1798.90.53.
 An ALPR end-user shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. These reasonable security procedures and practices shall include, but not be limited to, an annual audit to review ALPR end-user searches during the previous year to assess user searches, determine if all searches were in compliance with the usage and privacy policy, and, if the ALPR end-user is a public agency and not an airport authority, confirm that all ALPR data that does not match hot list information has been routinely destroyed in 24 hours or less. 
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy and annual audits  shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site,  internet website,  the usage and privacy policy and annual audits  shall be posted conspicuously on that Internet Web site. internet website. 
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information. ALPR information. If the ALPR end-user is a public agency and not an airport authority, the policy shall require destruction of ALPR data that does not match hot list information in 24 hours or less. 

SEC. 5.

 Section 1798.90.56 is added to the Civil Code, immediately following Section 1798.90.55, to read:

1798.90.56.
 (a) On or before July 1, 2022, the Department of Justice shall draft and make available on its internet website a policy template that public agencies may use as a model for their ALPR policies.
(b) The Department of Justice shall develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems. The guidance shall include, but not be limited to, the necessary security requirements agencies should follow to protect the data in their ALPR systems.

SEC. 6.

 Section 1798.90.57 is added to the Civil Code, immediately following Section 1798.90.56, to read:

1798.90.57.
 An ALPR operator or ALPR end-user that is a public agency and is not an airport authority shall not access an ALPR system that retains ALPR information for more than 24 hours that does not match a hot list.