HB 289, sponsored by Delegate Carr, addresses, “authorized” uses for automated license plate readers (ALPRs). Non-government persons are banned from using ALPRs and law enforcement agencies are given broad, “authority” to use the ALPR system to:
(2) A LAW ENFORCEMENT AGENCY MAY USE AN AUTOMATIC REGISTRATION PLATE READER SYSTEM TO:
(I) PROTECT PUBLIC SAFETY;
(II) CONDUCT A CRIMINAL INVESTIGATION; OR
(III) ENSURE COMPLIANCE WITH LOCAL, STATE, OR FEDERAL LAW.
What isn’t a violation of local, state, or federal law?
The bill goes on to state that captured data, which includes global positioning system (GPS) coordinates, dates, times, photographs, license plate numbers and, “any other data collected” may be shared with another law enforcement agency data that, “indicates [sic] evidence of an offense.”
Further, a law enforcement agency:
(I) MAY NOT RETAIN CAPTURED PLATE DATA FOR MORE THAN 30 DAYS; AND
(II) SHALL DESTROY CAPTURED PLATE DATA AFTER 30 DAYS.
(2) (I) A LAW ENFORCEMENT AGENCY MAY RETAIN CAPTURED PLATE DATA FOR MORE THAN 30 DAYS AS PART OF AN ONGOING CRIMINAL INVESTIGATION.
(II) A LAW ENFORCEMENT AGENCY THAT RETAINS CAPTURED PLATE DATA FOR MORE THAN 30 DAYS UNDER THIS PARAGRAPH SHALL DESTROY THE CAPTURED PLATE DATA AT THE CONCLUSION OF:
1. ANY CRIMINAL INVESTIGATION THAT INVOLVED THE CAPTURED PLATE DATA BUT DID NOT RESULT IN THE FILING OF CRIMINAL CHARGES; OR
2. ANY LEGAL ACTION UNDERTAKEN THAT INVOLVED THE CAPTURED PLATE DATA.
ALPRs may also be used, per this bill, in, “covert investigation[s]”.
And, worst of all, “captured plate data” will not be open to inspection. (Edited to add: while it is good that agencies not involved in an investigation may not inspect ALPR data, it’s already recorded and shared [as above]. Inspection should include citizens being able to inspect any records involving their vehicles – this is not provided under this legislation.)
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, A CUSTODIAN OF CAPTURED PLATE DATA COLLECTED BY AN AUTOMATIC REGISTRATION PLATE READER SYSTEM SHALL DENY INSPECTION OF THE CAPTURED PLATE DATA.
(3) A CUSTODIAN MAY USE OR SHARE CAPTURED PLATE DATA IN THE COURSE OF THE CUSTODIAN’S DUTIES AS AUTHORIZED UNDER § 3–509 OF THE PUBLIC SAFETY ARTICLE.
§ 3–509 would be established by this bill and available for review, in full, by clicking on the bill number at the top of the post.
Hearing 2/04 at 1:00 p.m.
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