TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55]
( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )
The following definitions shall apply for purposes of this title:
(a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following:
(1) A transportation agency when subject to Section 31490 of the Streets and Highways Code.
(2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections.
(3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code.
(b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system.
(c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a
transportation agency when subject to Section 31490 of the Streets and Highways Code.
(d) “Automated license plate recognition system” or “ALPR system” means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data.
(e) “Person” means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity.
(f) “Public agency” means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
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.
(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 shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(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.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both 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.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
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.
(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 shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(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.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
(a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm.
(b) The court may
award a combination of any one or more of the following:
(1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500).
(2) Punitive damages upon proof of willful or reckless disregard of the law.
(3) Reasonable attorney’s fees and other litigation costs reasonably incurred.
(4) Other preliminary and equitable relief as the court determines to be appropriate.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
Notwithstanding any other law or regulation:
(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.
(b) A public agency shall not sell, share, or transfer ALPR information,
except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)