Bill Text: CA SB210 | 2021-2022 | Regular Session | Introduced


Bill Title: Automated license plate recognition systems: use of data.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-13 - From printer. May be acted upon on or after February 12. [SB210 Detail]

Download: California-2021-SB210-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 210


Introduced by Senator Wiener

January 12, 2021


An act to amend Sections 1798.90.51, 1798.90.52, and 1798.90.53 of, and to add Section 1798.90.56 to, the Civil Code, relating to personal information.


LEGISLATIVE COUNSEL'S DIGEST


SB 210, as introduced, Wiener. Automated license plate recognition systems: use of data.
Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law authorizes the department to share that data with law enforcement agencies for specified purposes and requires both an ALPR operator and an ALPR end user, as those terms are defined, to implement a usage and privacy policy regarding that ALPR information, as specified. Existing law requires that the usage and privacy policy implemented by an ALPR operator or an ALPR end user include the length of time ALPR information will be retained and the process the ALPR operator and ALPR end user will utilize to determine if and when to destroy retained ALPR information.
This bill would include in those usage and privacy policies a requirement that ALPR data that does not match a hot list be destroyed within 24 hours.
Existing law requires an ALPR operator to maintain reasonable security procedures and practices. Under existing law, the reasonable security procedures and practices must include operational, administrative, technical, and physical safeguards to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
This bill would additionally require those procedures and practices to include an annual audit to review ALPR end-user searches during the previous year and the destruction of all ALPR information that does not match information on a hot list within 24 hours.
Existing law requires an ALPR operator that accesses or provides access to ALPR information to maintain a record of that access and require that ALPR information only be used for the authorized purposes described in the usage and privacy policy.
This bill would additionally require an ALPR operator that accesses or provides access to ALPR information to conduct an annual audit to review ALPR end-user searches during the previous year and to confirm that all ALPR information that does not match a hot list is routinely destroyed in 24 hours or less.
This bill would require the Department of Justice, on or before July 1, 2022, to draft and make available on its internet website a policy template and would permit local law enforcement agencies to use the template as a model for their ALPR policies. The bill would also require the Department of Justice to develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The intent of the Legislature in enacting this act is to restrict the sharing of automated license plate recognition data.

SEC. 2.

 Section 1798.90.51 of the Civil Code is amended to read:

1798.90.51.
 An ALPR operator shall do all of the following:
(a) 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. These reasonable security procedures and practices shall include, but are not limited to, the following:
(1) An annual audit to review ALPR end-user searches during the previous year.
(2) Destruction of all ALPR information that does not match information on a hot list in 24 hours or less.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, internet website, the usage and privacy policy shall be posted conspicuously on that Internet Web site. internet website.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. destruction of ALPR data that does not match hot list information in 24 hours or less.
(c) For purposes of this title, “hot list” means a list of license plates of vehicles of interest against which the ALPR system is comparing vehicles on the roadways.

SEC. 3.

 Section 1798.90.52 of the Civil Code is amended to read:

1798.90.52.
 If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both all of the following:
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system.
(3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51.
(c) Conduct an annual audit to review ALPR end-user searches during the previous year and confirm that all ALPR data that does not match hot list information has been routinely destroyed in 24 hours or less.

SEC. 4.

 Section 1798.90.53 of the Civil Code is amended to read:

1798.90.53.
 An ALPR end-user end user shall do all of the following:
(a) 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.
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user end user has an Internet Web site, internet website, the usage and privacy policy shall be posted conspicuously on that Internet Web site. internet website.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information. destruction of ALPR data that does not match hot list information in 24 hours or less.

SEC. 5.

 Section 1798.90.56 is added to the Civil Code, immediately following Section 1798.90.55, to read:

1798.90.56.
 (a) On or before July 1, 2022, the Department of Justice shall draft and make available on its internet website a policy template that local law enforcement agencies may use as a model for their ALPR policies.
(b) The Department of Justice shall develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems. The guidance shall include, but not be limited to, the necessary security requirements agencies should follow to protect the data in their ALPR systems.

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