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.

Comments

This is good

[rossdee]

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.

Re:This is good

[alvinrod]

I think this is good for everyone, everywhere. Someone has to be first, but once one person or one county does it, others will start to follow in kind.

Re:This is good

[Actually, I do RTFA]

Fairfax County is the part of Virgina that touches DC. Which means a lot of government workers live there. It also holds the Pentagon and Langley, as well as numerous other government agencies. Hence, this decision affects a lot of federal workers, which might mean that they pay attention to this, which means it might spread more.

IIRC, Fairfax county is also the home to several Supreme Court justices.

Re:This is good

[dcw3]

I am all against facial recognition. But cars aren't people. And driving is a privilege, not a right.

Yes, we've all heard that old phrase, but the reality is that if you live in Fairfax county, as I do, you likely have to drive just to make a living. If you consider that a requirement to work, which is is for the vast majority, then you'll have to admit that it's not so much of a "privilege". It's being used to track peoples movements, and that's a blatant invasion of privacy. Yes, you can be photographed in public, but people have no right to follow your movements, and that includes the government.

One for the good guys

[Sqreater]

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.

Re:One for the good guys

[Sqreater]

Police had to make the conscious decision to spend the money on the system. That means they were internally motivated to do so. That means they believe the general public is a potential threat. That includes a guy driving to work or a mother making a store run with her kids.

Re:One for the good guys

[Anonymous Coward]

There is a difference between thinking/believing that everyone is a criminal, and wanting to have information to help capture criminals. They likely bought the license plate readers to help them find cars with unpaid tickets, or perhaps used to commit a crime. I cannot say if they had an altruistic concern when they bought the system, but I think we can give them the benefit of the doubt that they did.

Re:One for the good guys

[geekmux]

Police had to make the conscious decision to spend the money on the system. That means they were internally motivated to do so. That means they believe the general public is a potential threat. That includes a guy driving to work or a mother making a store run with her kids.

Ingrained or taught? My inherent question really does boil down to that. Do those inclined to put on a badge and gun for work every day naturally believe everyone around them is a criminal, or are they sold that line of chest-pounding unionized bullshit every time a data peddler walks in the door with a new surveillance toy?

I've interacted with and am friends with quite a few of them. Most cops punch in and punch out. They wear a gun as part of their job, and don't ever fire or practice with it unless ordered to, and physical exercise is hardly a priority. They're there to just do the shift and go home, and actually don't give two shits about anyone that doesn't come up on their screen or radio. In other words, they give a shit about those "greater good" issues about as much as the rest of us clock punchers. And I really don't believe the "everyone's a criminal" mantra is being pushed by anyone other than those out to sell something.

Re:One for the good guys

[dcw3]

As someone who moved to Fairfax Co. in '82, I've had numerous opportunities to see the local LE in action. I highly doubt there was some nefarious goal. And I say this as someone who's opposed to them keeping any kind of database to track our movements. Every cop I've interacted with, save one who was a little aggressive but backed down when I shut up (the group I was with was being kicked out of a bar and I was trying to explain what happened), has been polite and professional. From what I've read, they've used this system to find many stolen vehicles and convicts...I'm good with that.

For those who think it's the right pushing this, it was our former Democrat governor Terry McAuliffe that refused to sign a bill that would have limited LE's data retention to 60 days.

Track the off duty police

[Anonymous Coward]

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.

Headline is wrong

[tomhath]

They're still collecting data, the judge said they can't store it indefinitely without a good reason.

Re:FTP

[DickBreath]

Use SFTP instead.

Re:Collecting plates at the buffet

[DickBreath]

I wouldn't mind them using the tech to deal with tickets, fines, warrants, etc. As long as they didn't keep the license plate time-location data beyond that point. In this case the tech would merely assist in police work.

Some might argue that having a database of where every car has ever been in the past could also make police work easier. But in that case we are building the apparatus of a police state. Police work is always easy in a police state. They record all your calls, contacts, movements and associations.

Using automation to identify a car with unpaid fines is merely providing assistance. Keeping a record of all other license plates read during the process is what crosses the line. Only keep a record of THIS car, at THIS location at THIS time, which is wanted for X.

The problem with keeping a database of all "innocent" car time-locations is that we can not, and never will be able to trust the people who have this database. See all of human history. This is why it is a problem for the NSA to have similar databases of innocent people.

Re:FTP

[DickBreath]

Baltimore or Chicago seem like places where citizens must be as fearful of police as they are of criminals.

This is a placebo - not just law enforcement

[drnb]

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.