Salt Lake City seeks to wrangle in how automatic license plate readers are used

SALT LAKE CITY — Police have always had to adapt to emerging technology to keep up with modern times, whether that's the emergence of the automobile or the creation of the internet.

Automatic license plate readers have been part of the next level of embracing technology.

They quickly collect license plate data as motorists drive past one, logging the plate's time, location and other data that can be used for police purposes. It's helped identify a man who was arrested last year and later convicted of stalking Salt Lake City Mayor Erin Mendenhall, and it helped locate the man suspected of killing three people in Wayne County earlier this year.

However, the technology has also sparked controversy over concerns about mass surveillance, who has access to the data and how it's used. That's why Salt Lake City is seeking to adopt a new code that would specifically outline uses and who can have access to the information they collect.

"We want to have technology to do our jobs, but that has to be something that the public, at some level, trusts, and we have to make it sustainable," said Salt Lake City Police Chief Brian Redd, as the Salt Lake City Council discussed the issue last week.

Salt Lake City began crafting a new camera data policy after an uproar over $224,000 that the Salt Lake City Police Department was slated to get from a grant the Davis County Sheriff's Office received, which would go toward expanding the city's fleet of license plate reader cameras, particularly near Beck Street.

The city works with Vigilant Solutions as its contracted vendor for criminal investigations. While the city has used these types of cameras for years, several residents spoke against the technology during a public hearing in December. Many voiced concerns over whether data collected could be shared with federal agencies, like the U.S. Immigration and Customs Enforcement.

"This is supposed to be the most free country on the planet, and since when is creating a system of mass surveillance ... a component of freedom?" said resident Charlie Padilla during the meeting.

Related:

Salt Lake City postpones decision on $224K grant amid concerns over how it'll be used

Salt Lake City leaders voted to adopt millions of dollars in grants to the city's budget on Tuesday, but they agreed to delay a vote on the smallest award amid the controversy it generated.

Salt Lake City leaders have mentioned the grant a few times since then, including during their finalization of the city's new budget. The information collected from the cameras isn't shared with other entities, city officials say, but the City Council agreed to tighten the code over how data is used before accepting any grants.

Under the proposal, the new language would be added to the same section of the code as body cameras that police wear, which would be renamed to "technology use." The chapter tied to license plate readers would break down authorized uses, data sharing, training and audits.

Police can verify or confirm vehicle registration, insurance information and vehicle identification, while also identifying a stolen vehicle, which is permitted under state law. If approved, the city's order would ban use of facial recognition and state that the technology cannot be used to target someone exercising their First Amendment rights or for any type of discrimination.

All entities that receive data from Salt Lake City police would not be permitted to use the data for "commercial or unlawful purposes" or to monitor protected First Amendment activities, according to the city. They would also not be allowed to sell, transfer or share data unless authorized, which would be enforced under an agreement.

Any violations of the agreement could result in access being revoked. All users of the data, including Salt Lake City police, would have to go through training. When pressed by the City Council, Redd said a warrant or court order would be the only way for a federal agency to sidestep the agreement to reach data.

Officials said all queries can be audited. Police would also be required to conduct quarterly audits, which would be subject to Utah's public records laws, along with an annual audit for a report that will be posted on the department's website, under the proposed code.

Misuse of the data internally, such as using cameras beyond what's allowed, could lead to a criminal and disciplinary investigation, Redd added.

"We want to use this technology responsibly because we want to prevent victimization in our cities," he said.

City council members said they appreciated the work police and the city attorney's office have put into crafting the new code over the past several months, spending most of a meeting last week asking questions to make sure they're comfortable that the code addresses the public's worries.

A public hearing on the proposal is expected to be held on Sept. 15, before the City Council votes on whether to adopt the measure. It's unclear yet whether it will be approved or go through more adjustments before it's enacted.

"I frame this conversation as both a public safety concern, but also (it) be a concern about privacy," said City Council Chairwoman Erika Carlsen, adding that she has faith in the police department in maintaining the security of the data.

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