Since 2010, the Fairfax County Police Department (FCPD) has used ALPRs to record the time, place, and driving direction of thousands of drivers who use Fairfax County roads daily. License plate readers capture over 1,800 images of license tag numbers per minute and convert the images to a computer format that can be searched by tag number. This information, stored in a police database for a year, allows the police to determine the driving habits of persons as well as where they have been. In 2014, Fairfax County resident Harrison Neal filed a complaint against FCPD asserting its collection and storage of license plate data without an active investigation violates Virginia’s Government Data Collection and Dissemination Practices Act (Data Act), a law enacted because of the fear that advanced technologies would be used by the government to collect and analyze massive amounts of personal information about citizens, thereby invading their privacy and liberty.
Despite a 2013 Virginia Attorney General opinion that its ALPR practices violate the Data Act, FCPD continued to collect and store ALPR data in order to track the movements of vehicles and drivers. In 2018, the Virginia Supreme Court ruled in favor of Neal, but sent the case back to the trial court to determine whether the case involved an “information system” covered by the Data Act. After the trial court found the Data Act did apply and barred FCPD’s passive use of ALPRs, the case was again appealed to the Supreme Court of Virginia. In weighing in on the case, Rutherford Institute attorneys argue that the history of the Data Act affirms it prohibits the collection and maintenance of ALPR data by the government, which along with other surveillance technologies, creates vast dossiers about the lives and activities of citizens.
The amicus brief in Fairfax County Police Department v Neal is available at www.rutherford.org.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
Source: https://bit.ly/3eJOnrG
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