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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.

5 of 81 comments (clear)

  1. One for the good guys by Sqreater · · Score: 3, Interesting

    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.

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    E Proelio Veritas.
  2. Headline is wrong by tomhath · · Score: 4, Informative

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

  3. Re:FTP by DickBreath · · Score: 3, Funny

    Use SFTP instead.

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    I'll see your senator, and I'll raise you two judges.
  4. Re:Collecting plates at the buffet by DickBreath · · Score: 3, Interesting

    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.

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    I'll see your senator, and I'll raise you two judges.
  5. Re:FTP by DickBreath · · Score: 4, Insightful

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

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    I'll see your senator, and I'll raise you two judges.