Law enforcement’s use of automated licensing plate identification devices – privacy concerns | Insight

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The” Guidelines” by the Information and Privacy Commissioner of Ontario ( the” Guidelines” ) address issues and regulations relating to the use of automated licence plate recognition technology. By providing systems to protect individual privacy rights, the Guidelines provide valuable information to law enforcement in all American jurisdictions that use, or intend to use, this kind of technology.

What are automated license plate identification devices, in general?

On authorities or law enforcement vehicles, automatic licence plate recognition systems are installed to record license plates and alert the officer when a “hit” appears on the license plate. When a license plate is associated with a suspended vehicle, a vehicle with remarkable warrants, or someone who has been reported missing, unregulated or stolen, the automated licensing plate recognition system does cause a hit. Private data like the date, time, and location of a car may also be collected when the program scans a license dish. The integrated license plate identification system matches the license plate to the list of license plates in a database to identify vehicles.

The Rules

The Rules emphasize that personal information, including licence plate numbers and information about a driver’s location, must be collected, retained, used and disclosed in a matter that complies with privacy legislation. In addition, law enforcement must ensure automated licence plate recognition systems are used in a manner that respects the privacy rights of individuals granted under the Canadian Charter of Rights and Freedoms.

The Rules provide useful policies, procedures and technical controls for law enforcement to implement, which include:

  • ensuring that the systems are set up to simply keep and capture images of license plates
  • conducting a privacy impact assessment to develop measures and tactics to lessen the system’s potential effects on a person’s privacy
  • utilizing a pilot project to examine the system’s features, security, and transparency before full-scale implementation.
  • Engaging in public appointment to discuss the technology’s use
  • Limiting the use and collection of personal knowledge
  • granting on a need-to-know base access to the system and the collection

Another responses from Canada’s Data and Private Commissioners

Data and Privacy Commissioners in Canada have taken into account the use of automated license plate recognition systems and provided helpful advice when implementing this kind of technology.

Victoria Police Department ( Re ), 2012 BCIPC 23 ), was the subject of a decision by the British Columbia Information and Privacy Commissioner in 2012, titled “automated licence plate recognition technology.” The Commissioner made a number of suggestions for law enforcement that would include instantly removing personal information from license plates to prevent penalties and ensuring the use and mandate of the system was accurately described in order to inform the public of the full range of the technology.

Further, Prince Edward Island‘s Information and Privacy Commissioner discussed automated licence plate recognition systems in Charlottetown ( City ) ( Re ), 2020 CanLII 43896 ( PE IPC ). According to the Commissioner’s findings in this report, the police were permitted by appropriate privacy laws to collect, use, and disclose personal information in the automatic licence plate recognition system. The Commissioner urged the officers to post information about the use of automated licence plate reputation systems on their websites so that people are fully informed of the variety of their personal information and how it is handled once it is collected, despite the fact that this technology was authorized.

It is important to examine the Guidelines and be aware of the various ways in which animal’s private rights may be protected as law enforcement across American jurisdictions apply and incorporate automated licence plate recognition systems.

Our Protection, Data Protection & Cybersecurity party can assist you in implementing these guidelines and setting up procedures if you need assistance setting up automated licence plate recognition systems.

Note: This article contains just basic information and does not represent all legal options. Additionally, laws may change over time, and they should only be interpreted in accordance with specific circumstances, making it illegal to rely on these materials or to use them as legal advice or opinion. For specific tips on any given circumstance, users should read a legal professional.

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