Sabrina Cervantes

Existing law prohibits a public agency, which includes the state, a city, a county, a city and county, or any agency or political subdivision of the state, a city, a county, or a city and county, including, but not limited to, a law enforcement agency, from selling, sharing, or transferring automated license plate recognition (ALPR) information, except to another public agency, and only as otherwise permitted by law. Existing law defines ALPR information as information or data collected through the use of an ALPR system.

This bill would provide that "public agency" does not include a transportation agency, a public transit operator, or a local department of transportation or public works department, as specified. The bill would, beginning January 1, 2027, require new, updated, expansions of, or addendums of contractual agreements with ALPR vendors, manufacturers, or suppliers to mandate that no default access is provided to any national ALPR database and that an agency's collected scans are by default not accessible to any other agency, and would impose new requirements on sharing between California state law enforcement agencies. The bill would authorize a law enforcement agency to use ALPR information only for purposes of locating vehicles or persons when either are reasonably suspected of being involved in the commission of a public offense or locating an individual who has been reported as missing to a law enforcement agency. The bill would prohibit a public agency from retaining ALPR information for more than 30 days after the date of collection if it does not match information on an authorized hot list, as defined, and as of January 1, 2027, would require a public agency to delete all ALPR information that has been held for more than 30 days within 14 days unless it is retained in the evidence file of an active investigation or criminal proceeding or matches information on an authorized hot list. By imposing new requirements on public agencies, which include local agencies, this bill would impose a state-mandated local program.

Existing law defines an ALPR operator as a person that operates an ALPR system, which does not include a transportation agency. Existing law defines an ALPR end-user as a person that accesses or uses an ALPR system, which does not include, among other things, a transportation agency.

This bill would additionally exclude from the definitions of "ALPR operator" and "ALPR end-user" a public transit operator, a local department of transportation or public works department, or an airport or airport operator, as provided.

Existing law requires an ALPR operator and ALPR end-user to maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.

This bill would require those security procedures and practices to include safeguards for managing which employees can see the data from their systems, as specified, and requiring data security training and data privacy training for all employees that access ALPR information.

Existing law requires an ALPR operator and ALPR end-user to implement a usage and privacy policy that includes, among other things, a description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information.

This bill would require the usage and privacy policy to identify what purpose employees and independent contractors access and use ALPR information for. The bill would also require the Department of Justice to, contingent upon an appropriation of sufficient funds, conduct annual random audits on a public agency that is an ALPR operator or ALPR end-user to determine whether they have implemented and are adhering to that usage and privacy policy.

Existing law requires an ALPR operator that accesses or provides access to ALPR information to require that ALPR information only be used for the authorized purposes described in the usage and privacy policy and to maintain a record of that access that includes, among other things, the purpose for accessing the information.

This bill would instead require that record of access maintained by the ALPR operator to include the case file number or task force name, as applicable, that justifies the search query, and would provide queries shall not be allowed without a log entry with a valid and current case file number or task force name from the agency conducting the query. 

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.