San Jose, California is facing mounting scrutiny over its use of automated license plate readers (ALPRs), with a lawsuit alleging the technology violates the privacy rights of drivers and potentially facilitates immigration enforcement. The legal challenge, filed in Santa Clara County Superior Court, comes amid growing concerns about mass surveillance and data sharing between local law enforcement and federal agencies.
The lawsuit, brought by the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union of Northern California (ACLU-NC) on behalf of the Services, Immigrant Rights and Education Network (SIREN) and the Council on American-Islamic Relations – California (CAIR-CA), centers on the San Jose Police Department’s practice of searching ALPR data without obtaining a warrant. The city has deployed nearly 500 ALPR cameras, collecting millions of records monthly and retaining that data for a year, creating a comprehensive log of vehicle movements.
According to the complaint, this practice contravenes the California Constitution’s protections against unreasonable searches and guarantees of privacy. The plaintiffs argue that the indiscriminate collection and searching of license plate data amounts to a mass surveillance dragnet, revealing intimate details about individuals’ lives – including commutes, medical appointments, religious practices, and political affiliations – without any suspicion of wrongdoing.
The concerns extend beyond general privacy violations. Several recent developments have highlighted the potential for ALPR data to be exploited for immigration enforcement, despite legal prohibitions. A recent investigation revealed that Immigration and Customs Enforcement (ICE) had accessed data from ALPR networks in over 4,000 instances, including investigations related to immigration. While California law prohibits local police from sharing ALPR data with federal agencies, at least 75 California law enforcement agencies were found to be sharing records outside the state as recently as 2023. In 2023, the San Francisco Police Department allowed access to agencies outside the state, resulting in 19 searches.
The issue is gaining traction across the Bay Area, with several municipalities re-evaluating their ALPR programs. Mountain View recently deactivated its Flock cameras after discovering unauthorized access to its ALPR network by federal agencies and others. Los Altos Hills has terminated its contract with Flock following concerns about potential ICE access, and Santa Cruz has also severed ties with the company. East Palo Alto and Santa Clara County are currently reconsidering their relationships with Flock as well.
The controversy surrounding ALPRs isn’t limited to data sharing. Critics point to the inherent risks of the technology itself, arguing that it tracks everyone, not just suspected criminals. ALPR vendors, such as Flock Safety, compile location data from millions of drivers, allowing anyone with access to reconstruct individuals’ movements over time. This capability raises concerns about potential misuse and the erosion of civil liberties.
The San Jose Police Department defends the use of ALPRs, citing their effectiveness in solving crimes. However, privacy advocates argue that the benefits do not outweigh the risks, particularly for vulnerable populations. The lawsuit alleges that the department conducted over 261,000 ALPR searches in just over a year – nearly 700 searches per day – without a warrant, demonstrating a routine disregard for constitutional protections.
SIREN and CAIR California, the plaintiffs represented by the EFF and ACLU-NC, are seeking to halt the warrantless searches of ALPR data in San Jose. However, they argue that a more comprehensive solution is to dismantle the ALPR systems altogether. They contend that the continued operation of these cameras poses an unacceptable risk to immigrant communities and undermines fundamental freedoms.
The debate over ALPRs in San Jose reflects a broader national conversation about the balance between public safety and privacy in the digital age. As surveillance technologies become increasingly sophisticated, concerns about government overreach and the potential for abuse are growing. The outcome of the lawsuit in San Jose could have significant implications for the future of ALPR technology and its use by law enforcement agencies across California and beyond.
Huy Tran is the Executive Director of SIREN. Jeffrey Wang is the Staff Attorney for Civil Rights Management at CAIR-SFBA. Jennifer Pinsof is a Senior Staff Attorney at the Electronic Frontier Foundation.
