A newly formed task force is set to begin meeting soon to discuss the city’s future technology. This is happening months after the Denver City Council rejected a contract for the Flock camera system.
Operations with federal agencies have been paused due to confusion and concern, including in Illinois, about the purpose of their investigations. This decision was announced on Monday by one of the nation’s leading operators of automated license plate.
Why Flock Safety Paused Federal Plate-Reader Access
More than 4,000 communities nationwide, have cameras mounted by Flock Safety. However, Flock Safety has temporarily paused on its pilot programs, which were being conducted by Department of Homeland Security’s Customs and Border Protection, along with its law enforcement arm, Homeland Security Investigations.
This decision, made by Flock Safety’s founder and CEO, Garrett Langley, was driven by growing unease among officials, including those in Illinois, regarding the scope and purpose of federal inquiries into license plate data. However, Langley did not say that the agency was seeking immigration-related information.
A 2023 law, which was pushed by Democrats, bars the sharing of license plate data with police investigating out-of-state abortions or undocumented immigrants.
While the company stated that the pilot programs were intended to combat human trafficking and fentanyl distribution, the lack of clear protocols and the potential for misuse raised significant red flags.
“This sharing of license plate data of motorists who drive on Illinois roads is a clear violation of the state of law,” Giannoulias said in a statement. “This law, passed two years ago, aimed to strengthen how data is shared and prevent this exact thing from happening.” He added.
Illinois Law Sparks Showdown Over Data Sharing
Alexi Giannoulias, Illinois secretary of state, revealed a clear violation of the 2023 state law. Giannoulias announced that an audit revealed that Customs and Border Protection had accessed Illinois data. This law was created to stop data sharing for investigations related to out-of-state abortions or undocumented immigrants.
Who Controls License Plate Data — Company or Local Agencies?
Flock Safety’s cameras capture billions of photos of license plates each month; however, the company does not own the data. The controversy raises questions about the ownership and control of the data collected by these cameras. This information belongs to the local agencies where the cameras are located, and it is these agencies that receive inquiries from other law enforcement bodies.
This decentralized form of data ownership and sharing creates a complex and often murky environment, making it difficult to regulate who uses the information and how it is used.
Flock Safety Makes System Adjustments
Langley said that the company had initiated pilot programs with Customs and Border Protection and Homeland Security Investigations to help combat human trafficking and fentanyl distribution.
In addition to halting the federal pilot programs, the company has tweaked its system to enhance transparency and control. Federal inquiries will now be clearly identified, and federal agencies will no longer be able to conduct broad national searches.
The company is unaware of any immigration-related searches that the agencies made, but Langley said that the parameters were unclear.
“We clearly communicated poorly. We also didn’t create distinct permissions and protocols in the Flock system to ensure local compliance for federal agency users,” Langley said.
After the June incident, the company’s system has been updated to automatically reject searches that include terms like ‘immigration’, ‘abortion’, or ‘ICE’ (For Immigration and Customs Enforcement). Those flag terms have been in effect since late June, a Flock Safety spokesperson said.
What Denver’s Task Force Can Learn from Illinois and Flock’s Pause
The recent developments with Flock Safety and the concerns raised in Illinois provide a crucial benchmark for Denver’s newly formed taskforce as it prepares to meet. The driver’s taskforce must balance public safety with privacy concerns, using lessons from the national debate to create clear data protocols.
Conclusion
Ultimately, the controversy surrounding automated license plate readers’ questions whether public safety can be balanced with individual privacy. This leaves Denver’s taskforce to answer this by developing clear and transparent protocols.