Bipartisan coalition pushes for new oversight of license plate reader systems in Utah

SALT LAKE CITY — A bipartisan coalition of advocacy groups, lawmakers and law enforcement partners is working on legislation aimed at regulating how automatic license plate reader systems are used in Utah.

The effort is ongoing as, just this week, the KSL Investigators uncovered the first publicly known case of misuse of the technology by law enforcement in Utah.

The Libertas Institute, a libertarian think tank based in Lehi, said work on the issue has been underway for some time and Utahns should expect to see multiple bills related to license plate reader technology during the upcoming legislative session.

"Over 300 documented cases have happened in the country of ALPR misuse and abuse," said Emily Grimmius, a privacy policy analyst with the Libertas Institute. "We hadn't had any in Utah until you (KSL) broke the story."

Grimmius said the organization is part of the bipartisan coalition working on legislation to regulate use of the technology in Utah.

"And I want to point out that that includes some of the most liberal organizations and some of the most conservative sort of individual freedoms and civil liberties groups," she said. "It's an American issue."

Among the coalition's top priorities is requiring warrants before law enforcement officers search a license plate reader database as part of an active criminal investigation.

Grimmius said the proposed warrant requirement would not apply to stolen vehicle hot lists, missing persons cases or emergency situations, such as a kidnapping.

"It would say if you're actively investigating a crime, let's get a warrant and that justification," she said.

The coalition is also pushing for independent third-party audits of departments' license plate reader systems.

On Monday, the KSL Investigators reported that a now-former detective in Tooele County searched the department's license plate reader system for the vehicle belonging to the estranged husband of a woman he was seeing. According to investigative findings previously obtained by KSL, the detective conducted the search using a case number associated with a case that had already been closed.

The misconduct was not uncovered through a routine internal audit.

Grimmius said the case demonstrates why independent oversight is needed.

"Internal checks are great, but as we've clearly identified through the story you broke, they're not enough," she said.

While she called the Utah case disappointing, Grimmius said it has helped illustrate the need for additional safeguards and oversight.

"I'm very optimistic that we're going to have consensus and that Utahns will walk away feeling protected," she said.

Multiple bills dealing with license plate reader technology are expected to be introduced during the upcoming legislative session, which begins in January.

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