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License Plate Reader Limits Could Hamper Investigations

A Prince William County legislator is seeking statewide uniformity on how license plate readers collect and store data that has been linked to solving crimes.

Delegate Richard Anderson told the Prince William Committee of 100 that he and Virginia State Senator Chap Petersen will submit new legislation that would address how police agencies, like Prince William County’s, collect and store photos of license plates collected from cars in parking lots and from vehicles driving on county streets.

How LPRs work

Prince William police have 12 license plate readers, or LPRs, in use. Eleven are mounted to police cruisers, and a 12th is attached to a trailer that is moved to different locations in the county.

Each unit is a camera that quickly snaps photos of license plates and stores them on a computer inside the police car. If the computer matches the license plate number with a plate that has been reported stolen, officers know to pursue the stolen car immediately.

At the end of the day, the data is transferred to a database at the police department and is kept on file for six months. Prince William Police Chief Stephan Hudson said his ability to collect and store this data had allowed his investigators to use the data to help solve crimes. He said the data has also come in handy when police need to locate missing persons.

Fears of police tracking

Frank Knaack from the American Civil Liberties Union urges caution against using the machines. He said police can create a “digital fence” around a certain area to track drivers to determine travel patterns, giving authorities a clear idea of where a driver works, shops, as well as which groups he or she may associate with.

“Cars with license plates readers can drive through parking lots and can track cars at church, and police have a good idea that you go to that particular church every Sunday,” said Knaack.

Statewide limits would address privacy concerns

That’s where Anderson’s new legislation comes in. Earlier in the year, he, Petersen, and others formed the Ben Franklin Privacy Caucus in Richmond to address such privacy concerns. Anderson wants to impose a three month statewide limit on how long police may keep the license plate data on file.

“We need to tackle the issue of what triggers the [data] collection,” said Anderson. “It should be one of two things: It ought to be with a court order, or if a crime is in progress that requires law enforcement to spring into action in a given moment, so they have the intelligence they need to solve a crime.”

Historical data important to police chief

Chief Hudson said he’s “OK” with the three-month limit but prefers keeping the data on file for six months, as his department does now. He also said obtaining a court order each time data is collected could diminish the effectiveness of how LPRs are used today.

“My concern is that with such parameters we would have no historical data. And much of the benefit to having the historical data is going back to look at something days, weeks, even a couple months old and, if it was governed by that trigger, I wouldn’t even have that information,” said Hudson.