Sacramento CA: License Plate Reader and Cell Phone Intercept Bills Sent to Governor

License Plate Reader and Cell Phone Intercept Bills Sent to Governor

SB 34 Establishes Privacy Standards for Automatic License Plate Reader and SB 741 Does the same for Cell Phone Intercept Devices

SACRAMENTO – The legislature sent two of Senator Jerry Hill’s (D-San Mateo County/Santa Clara County) bills to the Governor that create privacy protections for powerful surveillance tools used by local law enforcement officials and businesses.

SB 34 passed today with bipartisan support and requires security protections for data collected by automatic license plate readers. It also requires public disclosure about the use or acquisition of the technology by a public agency and requires any operator to have a privacy policy that is posted on their website.

On Thursday, the Senate approved SB 741, which would make California one of the first states to create transparency and privacy standards for cell phone intercept devices.

Automatic license readers are widely used by law enforcement officials and have become a useful component of modern policing, but the use of the technology raises privacy concerns and current law has not kept up with its rapid adoption. The devices are also used various private, non-law enforcement entities, such as parking and repossession companies.

Whether collected by law enforcement or private companies, the data is aggregated and stored in massive databases that contain millions, and in some cases billions, of license plate images and data points.

Similar to GPS, automatic license plate readers make it easy for anyone – police, private companies or individuals -- to track and monitor the whereabouts of any person. At least seven other states have enacted laws to ensure the devices are used for legitimate reasons and to protect the privacy of residents. If SB 34 is signed into law, California will join the growing number of states ensuring that automatic license plate readers are used only for justifiable purposes.

Like automatic license plate readers, cell phone intercept technology is another powerful surveillance technology used by local law enforcement agencies. The portable technology, commonly known by its brand name “Stingray,” allows law enforcement agencies to mimic a cell phone tower to find out who a person is calling, when that call is made, and where the call is made from. Depending on the capability of the device, it can capture the content of a conversation as well.

Under the right circumstances, cell phone intercept technology can be a useful tool to catch criminals. But the portable devices have raised privacy concerns because they are used under a veil of secrecy and they can capture cell phone data from many people at once, regardless of whether or not they are a suspect. At least 11 local law enforcement agencies throughout the state have secretly acquired and use the technology because current law does not compel disclosure and does note mandate any basic use protocols or privacy protections.

SB 741 would make California one of the first states to create transparency and privacy standards for cell phone intercept devices. The bill builds on federal rules announced yesterday by the federal Department of Justice that require a warrant to use the technology and which also requires destruction of the data under certain circumstances. SB 741, combined with the new federal rules, will ensure that stingray like devices are used only to catch criminals and not infringe on the public’s personal privacy.

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Office of State Senator Jerry Hill – Sept. 4, 2015

Contact: Aurelio Rojas, 916-747-3199 cell or 916-651-4013 office

Nate Solov

Office of Senator Jerry Hill

916-651-4013

www.senate.ca.gov/hill

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Robert Riechel

For San Bruno Patch

Photo Credit: San Bruno Patch Archives

Source Credit:  CA State Senator Jerry Hill

http://SanBrunoPatch.com

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