California Public Customer SB34 Information & Policy Template

1. Acknowledgements

1.1 Acknowledgements.  Customer acknowledges that:

  • As between Customer and Flock Safety, Customer is the owner of the ALPR data captured by the cameras in Customer’s system.
  • Flock Safety is responsible for securely storing and maintaining the ALPR data for Customer on Flock Safety’s servers in compliance with applicable law.
  • Customer is responsible for accessing and using the ALPR data and Services in compliance with applicable law, including California’s requirements under California Senate Bill 34 (SB 34) regarding the operation and use of ALPR technology.
  • To help familiarize Customer with the requirements of SB 34, Flock Safety is providing a summary of key areas in this Addendum, but Customer is ultimately responsible for developing and implementing its own appropriate compliance procedures.
  • Flock Safety is a developer and provider of ALPR technology, and is not providing Customer with legal or regulatory compliance advice.  The information and sample policy in this Addendum is for general informational purposes and may not constitute the most up-to-date information available.  Flock Safety encourages Customer to stay up-to-date on its compliance requirements and to contact its attorney with questions about any particular legal matter.

1.2 Link to full text of California SB 34 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB34 

2. Key Elements for ALPR Usage and Privacy Policy

2.1 The authorized purpose for using the ALPR system and collecting, accessing or using ALPR data.

2.2 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 the ALPR data.

2.3 The training requirements for the employees and independent contractors authorized to use or access the ALPR system, or to collect the ALPR data.

2.4 A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.

2.5 The purposes of, process for, and restrictions on the sale, sharing or transfer of ALPR data.

2.6 The length of time ALPR data will be retained, and the process for determining if and when to destroy retained ALPR data.

3. Outline of a typical SB 34 ALPR End-User Policy for customer’s consideration

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What is it: Automated License Plate Recognition (ALPR or LPR) captures and stores digital images of license plates, and uses character recognition to identify and store plate characters. The system creates a searchable computerized database resulting from the mobile and fixed cameras at _______________. The ALPR system data includes license plate number as well the date, time and location when the image was collected.

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Purpose: Identification of vehicles entering ____________ will enhance security and safety of ______________. 

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Training: ALPR operators will receive initial training from the ALPR technology vendor (Flock Safety) on the procedure and proper use of the system prior to being granted access to the ALPR system; each user will also receive annual refresher training from the assistant director or designee.

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Access: The ________________________ will be the custodian and head administrator of the ALPR systems and its operation. The only individuals who have access and ability to query data in the system are:

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_________________ Police Department/Sheriff’s Office

  • Detectives
  • Patrol Officers

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All logins and queries will be stored and monitored including:

  • Username
  • Date
  • Time
  • Purpose of query
  • License plate and other elements used to query the system

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These data points will be stored, the ____________ or their designee will also run periodic audits to ensure access was made by authorized persons for legitimate purposes.

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Information Collected: Information collected by the ALPR system is as follows:

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For ALPR:

  • License plate image captured
  • Vehicle image captured
  • License plate number
  • License plate state
  • Date
  • Time
  • Location

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Security: We use administrative, operational, technical and physical safeguards to protect ALPR information from unauthorized access, use, destruction, modification or disclosure.

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Administrative: Username and password protected access to the LPR system. Monitoring and auditing usage of database.

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Operational: Training and proper use and secure practices when using LPR and its database.

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Physical: Secure storage of computers with access to database, and secure off-site database.

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Technical: All information is encrypted in transit from camera to cloud storage and encrypted at rest in the cloud.

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In the very unlikely event of an information breach, all individuals who are believed to be

affected or have their information compromised will be notified by _______________.

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Quality Assurance: ALPR is automated so the license plate images and details of collection are included in the system without review. Although infrequent, license plate translation may be incomplete or inaccurate. The _______________ or their designee will ensure accuracy and correct license plate translation errors when identified. Users will also confirm the computer translation prior to taking any action based on ALPR results.

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Flock Safety, the ALPR vendor will store the data (data hosting) and ensure proper

maintenance and security of data stored in their data towers. Flock Safety will also be in

charge of purging data at the end of the 30 days of storage.

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Restrictions on use of ALPR Data: Information gathered or collected and records retained by

___________ will not be sold, accessed or used for any purpose other than legitimate law enforcement or public safety purposes.  

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We will only share information with:

  • Law enforcement who we have chosen to share with within the Flock Safety system
  • _________ 

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Data Retention: License plates will be stored in the system for no longer than 30 days. 

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Privacy:  The images stored in the system are collected from areas visible to the public where 

there is no reasonable expectation of privacy. License plate image and affiliated data

will be purged after a 30 day period. 

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This policy governs the Automated License Plate Recognition System (ALPR

System or ALPR) operated by __________________.

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