Policy Benicia Police Department
470 Benicia PD Policy Manual
Automated License Plate Readers (ALPRs)
470.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data
obtained through the use of Automated License Plate Reader (ALPR) technology.
470.2 POLICY
The policy of the Benicia Police Department is to utilize ALPR technology to capture and store
digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this [department/office].
Because such data may contain confidential information, it is not open to public review.
470.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated
detection of license plates along with the vehicle make, model, color and unique identifiers through
the Benicia Police Department’s ALPR’s system and the vendor’s vehicle identification technology.
The technology is used by the Benicia Police Department to convert data associated with vehicle
license plates and vehicle descriptions for official law enforcement purposes, including identifying
stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather
information related to active warrants, homeland security, suspect interdiction and stolen property
recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access,
shall be managed by the Department Information Technology Analyst and Records Supervisor.
The Department Information Technology Manager will assign members under his/her command
to administer the day-to-day operation of the ALPR equipment and data.
470.3.1 ALPR ADMINISTRATOR
The Services Division Commander shall be responsible for developing guidelines and procedures
to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited
to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent
contractors who are authorized to use or access the ALPR system or to collect ALPR
information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the
information and compliance with applicable privacy laws.
(d) Procedures for system operators to maintain records of access in compliance with
Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation.
(f) Working with the Custodian of Records on the retention and destruction of ALPR data.
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(g) Ensuring this policy and related procedures are conspicuously posted on the
[department/office]’s website.
470.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. [Department/Office] members shall
not use, or allow others to use the equipment or database records for any unauthorized purpose
(Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business.
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal
investigation. Reasonable suspicion or probable cause is not required before using
an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene,
particular consideration should be given to using ALPR-equipped cars to canvass
areas around homicides, shootings and other major incidents. Partial license plates
reported during major crimes should be entered into the ALPR system in an attempt
to identify suspect vehicles.
(d) No member of this [department/office] shall operate ALPR equipment or access ALPR
data without first completing [department/office]-approved training.
(e) No ALPR operator may access [department/office], state or federal data unless
otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law
Enforcement Telecommunications System (CLETS) before taking enforcement action
that is based solely on an ALPR alert.
470.5 DATA COLLECTION AND RETENTION
The Services Division Commander is responsible for ensuring systems and processes are in place
for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the
designated storage in accordance with [department/office] procedures.
All ALPR data downloaded to the server should be stored for a minimum of one year and in
accordance with the established records retention schedule. Thereafter, ALPR data should be
purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or
civil action or is subject to a discovery request or other lawful action to produce records. In those
circumstances the applicable data should be downloaded from the server onto portable media
and booked into evidence.
470.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Benicia Police Department will observe the following safeguards regarding access to and use
of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
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Automated License Plate Readers (ALPRs)
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible
only through a login/password-protected system capable of documenting all access
of information by name, date and time (Civil Code § 1798.90.52).
(b) Members approved to access ALPR data under these guidelines are permitted to
access the data for legitimate law enforcement purposes only, such as when the
data relate to a specific criminal investigation or [department/office]-related civil or
administrative action.
(c) ALPR system audits should be conducted on a regular basis.
For security or data breaches, see the Records Release and Maintenance Policy.
470.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies
for official law enforcement purposes or as otherwise permitted by law, using the following
procedures:
(a) The agency makes a written request for the ALPR data that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Services Division Commander or the authorized
designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
(d) A supervisor at the requesting agency will sign an acknowledgement letter stating
that the shared data will only be used for the purposes that are aligned with the
Benicia Police Department’s policy. The Benicia Police Department does not permit
the sharing of ALPR data gathered by the City or its contractors/subcontractors for
purpose of reproductive health care investigations; federal immigration enforcement,
these federal immigration agencies include Immigrations and Customs Enforcement
(ICE) and Customs and Border Patrol (CPB).
(e) The signed letter is retained on file. Requests for ALPR data by non-law enforcement
or non-prosecutorial agencies will be processed as provided in the Records
Maintenance and Release Policy (Civil Code § 1798.90.55).
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed
as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).
470.8 TRAINING
The Training Managershould ensure that members receive department-approved training for
those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code §
1798.90.53).
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