MODEL BILLS

License Plate Privacy Act

Summary: The License Plate Privacy Act requires that unless needed for a current criminal investigation, government agencies, private entities and individuals must delete from their databases within 180 days any information about the location of specific motor vehicles at specific times that was captured by automated camera systems. In addition, any public or private entity that operates such a system may not sell the data.

Sources:

• Model bill based on Tennessee’s HB 2101 and California’s SB 893, both from 2014.
• For localities, adapt the prohibition to apply only to agencies of that specific city or county.
• For more information, see these resources from the ACLU; and these articles from the Electronic Frontier Foundation and The Washington Post.

SECTION 1. SHORT TITLE

This Act shall be called the “License Plate Privacy Act.”

SECTION 2. LICENSE PLATE PRIVACY

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

1. “Automated license plate recognition system” means one or more mobile or fixed cameras combined with computer algorithms to convert images of license plates into computer-readable data.

2. “Captured plate data” means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automated license plate recognition system.

3. “Governmental entity” means any lawfully established department, agency or entity of this [state/city/county] [or of any political subdivision of this state].

(B) LIMIT ON STORAGE OF LICENSE PLATE DATA — Any captured plate data collected or retained by any governmental or private entity or individual through the use of an automated license plate recognition system may not be stored for more than 180 days unless, in the case of a governmental entity, the data is retained or stored as part of an ongoing governmental investigation, and in that case, the data shall be destroyed at the conclusion of either:

1. An investigation that does not result in any criminal charges being filed; or

2. Any criminal action undertaken in the matter involving the captured plate data.

(C) PROHIBITION ON TRANSFER OF LICENSE PLATE DATA

1. No governmental entity shall transfer captured plate data except for the purpose of conducting criminal investigations and ensuring compliance with the law.

2. No governmental entity, private entity or individual shall sell captured plate data for any purpose.

SECTION 3. EFFECTIVE DATE

This Act shall take effect on July 1, XXXX.