License Plate Cameras Face New Scrutiny In Rancho Palos Verdes

RANCHO PALOS VERDES, CA — Automated license plate reader cameras installed in Rancho Palos Verdes neighborhoods with financial help from the city will come under scrutiny Tuesday night amid privacy concerns and lawsuits involving at least two local homeowners associations.

The Rancho Palos Verdes City Council is scheduled to receive a report on automated license plate reader, or ALPR, cameras and hear a presentation from Flock Safety, whose cameras are used by neighborhoods throughout the city.

City staff estimates that 10 Rancho Palos Verdes neighborhoods have received city financial assistance to install a total of 19 Flock cameras, according to a City Council staff report. Officials cautioned that the figure is a best estimate and may not represent every Flock camera currently operating in the city.

RELATED: How To Know If You've Been 'Flocked'

The cameras are generally installed at neighborhood entrances or other strategic locations and are contracted for and managed by neighborhood groups or homeowners associations rather than the city. The Los Angeles County Sheriff's Department can access data from participating systems for law enforcement investigations, according to the staff report.

The city has helped pay for the cameras through a public safety reimbursement program that covers 50% of eligible costs, up to $2,500. But the technology has increasingly raised legal and privacy questions.

City staff said it recently became aware of at least two lawsuits filed against Rancho Palos Verdes HOAs involving ALPR cameras. The staff report does not identify the associations or provide details about the lawsuits.

California law requires ALPR operators and users to maintain policies governing the collection, storage, access, sharing and security of license plate data.

Two California appellate court decisions this year have reached different conclusions about what constitutes sufficient harm to bring a lawsuit under the state's ALPR law.

In February, the First District Court of Appeal ruled in Bartholomew v. Parking Concepts that collecting and maintaining ALPR information without implementing and making publicly available the required privacy policy can constitute harm under the law.

In July, however, the Fourth District Court of Appeal ruled in Mata v. Digital Recognition Network that a plaintiff must demonstrate actual harm resulting from an alleged violation and that a statutory violation alone is not enough. Given the conflicting rulings, city staff said the law “remains unsettled for now.”

Rancho Palos Verdes officials have also asked state lawmakers to examine the issue. In an Aug. 4 letter included with the City Council staff report, the city urged state Sen. Ben Allen and Assemblymember Al Muratsuchi to review California's ALPR law and the implications of the Bartholomew decision for homeowners associations.

Separate from the neighborhood cameras, Rancho Palos Verdes and the three other Palos Verdes Peninsula cities jointly fund an ALPR network at strategic locations around the Peninsula. Data from that system can be accessed by the Sheriff's Department and Palos Verdes Estates Police Department, according to the city.

Tuesday's presentation is informational and the council is being asked to receive and file the report rather than approve a new camera program.

Flock Safety representatives are expected to discuss the company's technology, data retention practices, privacy safeguards and steps HOAs can take to comply with state law.

The City Council meeting begins at 7 p.m. Tuesday at Hesse Park, 29301 Hawthorne Blvd. The meeting can also be viewed remotely.

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