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State Sues City Over Sharing License Plate Data With Out-of-State Law Enforcement Agencies
Press Release Mentions Providing Information to Federal Authorities but Complaint, Filed in State Court, Makes No Such Allegation
By a MetNews Staff Writer
The Office of Attorney General on Friday brought suit in the San Diego Superior Court seeking a writ of mandate and injunctive and declaratory relief against the City of El Cajon, its police department and its police chief, over an alleged practice of sharing of license plate data with federal and out-of-state law enforcement agencies, in contravention of a California statute.
The complaint sets forth:
“Automated License Plate Reader (ALPR) systems are computer-controlled camera systems that capture images of license plates and record the time. date, and location that a particular vehicle was encountered. ALPR systems are used for surveillance: they can collect and store location information that reveals sensitive details about where individuals work. live, associate, worship, seek medical care, travel, shop, and more. ALPR systems are generally operated through third-party vendors that deploy cameras and collect and store ALPR data.”
Civil Code Cited
It points out that “[t]he California Legislature has imposed limitations on the use of ALPR data to protect privacy rights of individuals.” The pleading cites Civil Code §1798.98.55(b), which does not exist.
What was apparently intended was a citation to §1798.90.55(b). It says:
“(b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.”
The pleading notes that “public agency” is defined in §1798.90.5(f) as “the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.”
It sets forth:
“Thus, California’s state and local law enforcement agencies are prohibited from sharing ALPR data with out-of-state and federal law enforcement agencies.”
Press Release
A press release issued Friday by the state Department of Justice says that El Cajon was sued “over its refusal to comply with state law prohibiting the sharing of license plate data with federal and out-of-state law enforcement agencies” and quotes Attorney General Rob Bonta as saying:
“As the Trump Administration continues to target California’s immigrant communities, it is important that state and local law enforcement are not seen as a tool in furthering the President’s mass deportation agenda.”
However, the complaint contains no allegation that El Cajon is providing information with the federal government. It says only that the city “shares ALPR data with numerous out-of-state law enforcement agencies throughout the country.”
The complaint in People v. City of El Cajon is signed by Deputy Attorney General Aimee Hamoy.
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