Judge Orders Fairfax Police To Stop Collecting Data From License Plate Readers (washingtonpost.com)
A Fairfax County judge on Monday ordered the Fairfax County police to stop maintaining a database of photos of vehicle license plates, with the time and location where they were snapped, ruling that "passive use" of data from automated license plate readers on the back of patrol cars violates Virginia privacy law. From a report: The ruling followed a related finding by the Virginia Supreme Court last year, meaning the case could affect how long -- if at all -- Virginia police can keep license plate data. The ruling by Fairfax Circuit Court Judge Robert J. Smith is a victory for privacy rights advocates who argued that the police could track a person's movements by compiling the times and exact locations of a car anytime its plate was captured by a license plate reader. Fairfax County Police Chief Edwin C. Roessler Jr. said Monday night that he would ask the county attorney to appeal the ruling.
The issue represents another front in the ongoing conflict over the use of emerging technologies by law enforcement. Police say they can, and have, used license plate location data to find dangerous criminals and missing persons. Privacy advocates don't oppose the use of the technology during an active investigation, but they say that maintaining a database of license plate locations for months or years provides too much opportunity for abuse by the police. Last month, the ACLU disclosed that the federal Immigration and Customs Enforcement agency was tapping into a vast, national database of police and private license plate readers. Such private databases remain unregulated.
The issue represents another front in the ongoing conflict over the use of emerging technologies by law enforcement. Police say they can, and have, used license plate location data to find dangerous criminals and missing persons. Privacy advocates don't oppose the use of the technology during an active investigation, but they say that maintaining a database of license plate locations for months or years provides too much opportunity for abuse by the police. Last month, the ACLU disclosed that the federal Immigration and Customs Enforcement agency was tapping into a vast, national database of police and private license plate readers. Such private databases remain unregulated.
For people that live in Fairfax county.
Not so good for the people who don't even know where Faifax county is
Theres probably quite a few of them.
FTP
I was sitting at my favorite buffet recently (coconut shrimp, yum) and a bunch of cops came it. Turns out that they had set their car up to scan plates on the main road. Throughout lunch they were getting pings on plates with associated tickets, fines, warrants etc. If something got their attention, then they would call it in (hey who wants to leave a hot plate of coconut shrimp behind).
I do not think that this will really improve policing, just allow for the collection of more fines while sitting at the buffet
But the general trend is against privacy. Police assume everyone is a criminal who has just not been caught yet. The presumption of innocence is dead.
E Proelio Veritas.
The question is: do the same police agencies track who rents cars? If not, a bad actor may rent a car to remain anonymous during a bad operation, especially across state lines.
They place Emissions testers randomly in corners of highways.
https://www.rapidpassvirginia.com/VaPublic/Home/FAQ
"RAPIDPASS systems are exhaust emissions analyzers similar to those used in traditional emissions inspection stations, but adapted for drive-through testing. Two green boxes placed across a lane of traffic measure a vehicle's speed and acceleration and associated exhaust emissions in order to determine its compliance with emissions standards. A camera captures an image of the vehicle's license plate so owners can be notified their vehicle has qualified for the convenience and time savings of the RAPIDPASS program."
I have a feeling that if someone started tracking the whereabouts of the police chief and keeping that data stored for years, they may get the hint... or make up some BS reason to arrest you.
They're still collecting data, the judge said they can't store it indefinitely without a good reason.
IMHO:
License Plate Scanners are a vitally important/valuable tech, for law enforcement, to fight against crime, to protect & serve common good of general public!!!
& on the contrary to what self-appointed "Privacy Advocates" (like ACLU & EFF etc) always try to claim/portray, general public is NOT obsessed w/ privacy (ask FaceBook!!!) & actually quite willing to help law enforcement!!!
The problem arises if they keep car location data for cars that do not raise any emissions concerns.
I'll see your senator, and I'll raise you two judges.
Can citizens track police by recording and uploading their license plates, faces, time, and location?
> License Plate Scanners are a vitally important/valuable tech, for law enforcement,
> to fight against crime, to protect & serve common good of general public!!!
Okay. How about license plate databases. That is what we're talking about here. A database of where every car has ever been and when. That crosses the line. Police cannot be trusted to have such data.
It's one thing if a system scans plates and only alerts and records when a wanted vehicle is found. It's a whole different thing to build the apparatus of a police state and keep records of where every car has ever been.
Do you see the difference?
I'll see your senator, and I'll raise you two judges.
Seems Virginia also bans Radar Detectors. Not only do they want to track your movement. They also don't want you to know where police are at.
Driving an invisible car is not an option, nor should it be. If we really had an inalienable right to do that, then every license plate would just read "Road Tax Paid."
But hacking computers, tapping phone lines, intercepting cell phone data, no knock SWAT raids (on the basis of a single phone call), and seizing cash, laptops, and cell phones, all without a court order? Those are the kind of things where we would be better off drawing the line should be drawn and defended. Don't talk about slippery slopes, either. If people can't ever compromise on anything, and everything is an absolute, we wouldn't need judges or legislators or any of that.
If you want to take it to the kind of extremes where recording a license plate number is illegal, you might just as well outlaw collection and storage of fingerprints and DNA. I think it's great if they can figure out that a certain vehicle has been nearby on every occasion that a serial killer has struck.
The "presumption of innocence" applies to a court of law.
In a cops mind on the other hand:
1) You're guilty, or else you wouldn't have attracted a cops attention.
2) Everybody's guilty of something, even if they (the cop) doesn't know what it is yet.
The LPR companies like this ruling. It means LEOs will come to them to gather and manage the data. But who can attest to the integrity of the data? And no warrants will be required to access the data.
I would add that FFC police are horrendous when it comes to transparency.
Wow..that's wild.
Where I live, they don't even do emissions testing on annual car inspections, and other states I've lived in, don't even do annual inspections.
Interesting the differences between states.....
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
Many license plate databases are privately created and operated. Various law enforcement agencies subscribe to these databases rather than run their own. Fairfax can switch from their system to a commercial system.
Where does the data for these private systems come from? Auto repossessors, bail bondsmen, private investigators, etc. These folks have been known to constantly scan everywhere they go. Some even cruise mall, stadium, walmart parking lots to build up the database.
Basically private databases exist that may indicate places you likely visit or drive past. Law enforcement is only part of the problem.
There are enough laws in the U.S. and sufficiently many strict liability laws that the second point you make is quite likely to be true. You've probably broken several laws of which you were completely unaware just today. This is why I'm of the opinion that every law should have an expiration date. If it's a good law, it can be passed again without issue, but it allows for bad laws to fall off the books over time and doesn't require expensive or lengthy legal challenges.
Yes, we also have to do something about LPR companies, if that was your intention.
Your ad here. Ask me how!
Are they reselling this info to third parties? If so, they might not want to lose that revenue stream.
Emissions testing is important in dense population areas because air quality can get out of hand pretty fast. In rural or smaller urban areas, keeping old cars on the road longer is a net positive environmentally speaking.
They all believe that, and it is the civvies who believe they should be allowed to because yes they are doing illegal behavior, but hey they haven't been caught yet, that really ruffle my feathers.
America is more of a police state than australia was when Britain shipped all its undesirables there to push out the natives and colonize it for themselves.
If the LPR company is storing the data long-term, they should be shut down and their CEO convicted for stalking. Stalking is no more legal for a corporation than a private individual following you around and recording your every move.
Not only that, but in VA we have "personal property tax" on our vehicles. They use the book value of your vehicle to tax it every year. My 2012 is still getting hit for ~$600/year. This encourages people to keep old polluting vehicles much longer than they should. Thankfully, I'm leaving this idiocy in the near future.
Just another day in Paradise
I don't know how these activist courts in Virginia get away with shredding the law and the Constitution like this.
If you are in a public place, you have ZERO reasonable expectation of privacy. Second, you have NO RIGHT to drive a motor vehicle, and as such you consent to the terms and conditions of your license, which include maintaining a license plate on your vehicle. That license plate does not belong to you. It belongs to the State, along with the database of information tied to it. Since the plate and that data belong to them, and you have no expectation of privacy anyway, quit your bitching.
No. I work in data and tracking the movement of criminals is vitally important to doing pattern analysis. Plus, you have no expectation of privacy in public so if you want to be private, lock your front door and have Amazon deliver your groceries.
Of criminals and illegal migrants?
The people who use fake and shared parts of an ID to drive?
That the "active investigations" all over the USA that needs tech like vehicle license plates to find.
Domestic spying is now "Benign Information Gathering"
Why is this modded down?
Tell that to Facebook or google.
but they shouldn't store the records indefinitely. 30 days seems about right. Long enough to help in active cases. Long enough to figure out which vehicles are involved and get all those records, but not so long as to become too useful for govt fishing of minor activities.
I get that many people don't care if they are being tracked and followed. That doesn't reduce the desire for others to have their right to privacy.
I'm talking about all tracking, of any sort. Cellular, Bluetooth, Wifi, GPS, even telecom calls from my home. I have an expectation of privacy for anything that wasn't illegal from over a week ago, unless I post that publicly.
After having 2 stalkers in the 1990s and early 2000s, my public profile is almost non-existent. I stopped using the name from the stalker days. With a unique last name, people are still able to find me, but not without going through some other relative first. I'm just glad it isn't anyone in law enforcement doing the stalking.
You have no expectation of privacy in a police state. If you want no expectation of privacy, then you should move to a police state. BTW, police work is EASY in a police state! You can monitor everyone's movements, contacts, associations, past history. It sounds perfect for you!
I'll see your senator, and I'll raise you two judges.
On your other topic: tracking the movement of criminals. I have no problem with that. But only track the criminals, not everyone else.
I don't have a problem with you scanning for license plates of wanted cars. If you see one, then the system should alert and record the car, time and location. But all those non-criminal car license plates you scanned -- those should be discarded not recorded. No need for a massive police state database of where every car has ever been at any time.
The problem is this: you might trust the people with this database today. But what about tomorrow? What is some madman were in power a few years from now and had access to that data? Do Not build the apparatus of a police state. You don't know what hands it will fall into.
I'll see your senator, and I'll raise you two judges.
If they don't have rights then neither do you.
Untrue. An illegal migrant would not have the right to be here. A legal migrant or a citizen would have that right. Rights are not necessarily universal, some only apply to subgroups.
I don't know about you, but if I judge ruled I had serially violated the law, I'd probably be sent to jail.
If the LPR company is storing the data long-term, they should be shut down and their CEO convicted for stalking. Stalking is no more legal for a corporation than a private individual following you around and recording your every move.
While I agree that it's not good, this is the world we live in. Everything harvests and records information in public, as well as places of business. It will take data protection laws to change this, and even then, I doubt the wholesale collection of your shopping habits and location will be affected. We can expect this to continually reach deeper and deeper into our personal lives as long there is a few bucks to be made. It is our duty as private citizens to express displeasure, and work within our system to affect change every time we feel a line is crossed.
All that being said, it's important that we keep issues in focus, and only raise concerns regarding clear violations of our personal privacy. It takes more than simply following and recording a person in public to qualify as stalking. (AANAL)
Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.
You are being ripped off every second of every day, so that advertisers can help rip you off even more tomorrow.
and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.
Like offering to sell your data to law enforcement. Sounds like a threat to me.
You don't know who is a criminal until after they committed a crime.