AgdaPkt 2017-09-11 Closed and Joint SA PFA

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6.1.D. - Page 13 • SB 34 (2015) Automated License Plate Recognition Systems: Use of Data25 Effective January 2, 2016, SB 34, also authored by Senator Jerry Hill, D—San Mateo, requires agencies that collect data using ALPRs or access ALPR data to publish their privacy and usage policies. Specifically, such policies shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.26 In a 2015 San Jose Mercury News article,27 Senator Hill told reporters that approximately 60 law enforcement and public safety agencies in California were using ALPRs. At that time, however, only 8 of the agencies asked for public comment and only 16 published their ALPR policies for review by the public. Hill said agencies must"...have a policy in place on how they're going to use it,what they're going do with the info and how secure it will be. Today there is none of that.1128 According to an analysis of the law by the Electronic Frontier Foundation, cities and counties using ALPRs are now required to provide this information:29 • The authorized purposes for using the ALPR system and collecting ALPR information. • A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. • A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. • The purposes of, process for, and restrictions on the sale, sharing, or transfer of ALPR information to other persons. • The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. • A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. • The length of time ALPR information will be retained and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information.30 25 California Civil Code sections 1798.29, 1798.82,and 1798.90 26 California Civil Code section 1798.90.51 27 Tracy Seipel and Eric Kurhi,"California Digital Privacy Laws Boosted Protecting Consumers from Big Brother,Big Business." 28 Ibid. 29"California Automatic License Plate Reader Policies,"Electronic Frontier Foundation,accessed March 30,2017. https://www.eff.org/page s/califomia-automated-license-plate-reader-policies. 30 California Civil Code,sec. 1798.90.51 2016-2017 San Mateo County Civil Grand Jury 6