License plate readers have been an increasingly useful device for law enforcement in the investigation of crimes ranging from auto theft to rape to murder. Perhaps as a consequence of that success, groups like the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) have put LPRs in their crosshairs, pressing for legislation at the state, local, and federal level, which may soon endanger the future of LPRs.
In essence, these groups are linking citizens’ privacy fears, driven by the Edward Snowden and National Security Agency (NSA) matter, with photographs of license plates that are required by law to be publicly displayed. As these groups gain momentum, industry experts have begun to educate the public that such arguments against LPRs are like comparing apples to oranges.
“We all need to fully understand the facts about LPRs and be able to discuss how it works. This technology is not used for dark and nefarious reasons and it does not infiltrate the private lives of everyday citizens,” said Brian Shockley, Vice President of Marketing of Vigilant Solutions.
What LPR Technology Is (and What It Isn’t)
Shockley told Police1 that arguments against the use of LPRs are “perverting the truth and preying on citizen’s government surveillance fears to drum up opposition to law enforcement’s use of LPR technology.”
LPR technology enables law enforcement to use high-speed cameras to take photos of license plates in public places and then log a time and a location — nothing more than what officers have done for decades before LPR even came into being. These photos are then saved in a searchable database which can be accessed when police are investigating a crime.
American law enforcement professionals know that LPR technology is a useful crime-solving tool that benefits citizens without stomping on personal privacy. In fact, LPRs ought to be embraced by legislators and everyday citizens because of the highly advantageous cost-benefit ratio. The technology is relatively inexpensive, easy to maintain, and can provide very good leads for investigators in myriad types of cases.
Contrary to common misconception, LPR databases do not contain the names of registered owners or any other personal information. Leveraging the LPR database, law enforcement has no idea who owns the car or who was driving the car — they only have a photo of the license plate.
“It is our duty to change this misperception,” Shockley said. “A license plate can only be linked to a person by accessing a Department of Motor Vehicle database — which is only allowed under specific permissible purposes outlined by the federal Driver’s Privacy Protection Act.”
Shockley pointed out that a violation of the DPPA is a federal crime — something many opponents of LPRs “ignore in their conversations with legislators and media.”
The ACLU and the Electronic Frontier Foundation (EFF) have tried to minimize the benefits of LPR as hypothetical. The EFF’s Jennifer Lynch discounted the notion that LPR could have shortened the investigation of the infamous Laci Peterson case as a one-off hypothetical example.’
LPR data — from minutes old to years old — has enabled police to solve thousands of crimes. There are many well-publicized examples — from the Kansas City Highway Shooter to the Times Square Bomber — but it is incumbent on agencies that successfully use this technology to further inform a suspicious public about the benefits of these devices.
Successful Police Use of LPRs
Meanwhile, several areas across the country — most recently in Maryland — have enacted LPR legislation that protects privacy and civil liberties while preserving the ability of law enforcement investigators to solve crimes, put felons in jail, and save lives.
As the LPR fight is played out in the halls of state capitals, we cannot forget that some concerns from the opposition are legitimate. It is up to law enforcement leaders to be stewards of this powerful information and abide by the laws that govern it.
“Law enforcement needs to help itself and be accountable,” Shockley said. “Law enforcement is under the microscope and the best it can do is to use LPR effectively, efficiently and legally to keep dangerous criminals off our streets. The actions of law enforcement ultimately will prove our case in the court of public opinion and illustrate the true benefits of LPR.”
Law enforcement agencies across the country need to implement strict policies and procedures. This includes agency policies that reference the DPPA and outline how the data can and cannot be used. Further, leadership needs to ensure that proper access controls are enabled and that there is a means to both log and audit every time a LPR record is accessed.
