This policy governs the Automated License Plate Recognition System (“ALPR system” or “system”) operated by the company, and applies to our employees, customers, and camera affiliates who have access to or use our system. Our ALPR system is a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. The information contained in the system (“LPR data”) includes images of license plates, plus the date, time and location when the images were collected, and the license plate characters and numbers associated with the image. The images stored in the system are collected from areas visible to the public where there is no reasonable expectation of privacy. The collection and dissemination of the information contained in the system is protected activity under the First Amendment to the US Constitution. Moreover, LPR data stored in our system does not include any personally identifying information (PII), or information which relates the license plate image to the driver or registered owner of a vehicle. PII contained in vehicle registration information is protected by federal law (Driver’s Privacy Protection Act, Title 18, US Code, Section 2721 et seq.) and state laws. Law enforcement and other users may have access to vehicle registration information, and other sources of PII, which they may correlate with LPR data stored in the system to create vehicle hot lists in accordance with the above referenced federal law. All hot list fields other than the license plate number itself are encrypted to protect any PII that may exist in these hot lists.
The company authorizes collection of LPR data for the use of the company and its customers consistent with this policy. The authorized uses of the ALPR system are:
(1) By customers to identify or ascertain the location of a specific vehicle under circumstances when there is a legitimate commercial interest.
(2) By law enforcement agencies for law enforcement purposes.
(3) By the company to make LPR data available to customers and law enforcement agencies (LEAs) for the purposes above, and to provide market research information to customers based on aggregated LPR data.
Examples of permitted users and uses of the system and data include:
(1) Entities subject to Sections 6801 to 6809 of the United States Code and state or federal statutes or regulations implementing those sections.
(2) Entities to which information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code.
The company does NOT make the ALPR system or data it contains available to individuals for personal, non-commercial purposes.
All employees of the company are authorized to use the ALPR system to demonstrate the system to customers, or potential customers, provide customer support, or collect data for purposes authorized by this policy.
All independent contractors of the company are authorized to use the ALPR system for purposes consistent with their underlying contract with the company and this policy. All authorized employees and independent contractors that collect ALPR Information are required to read and understand any documents (e.g. the operational manual for the specific camera type) necessary to successfully operate a camera. Additionally, all authorized employees and independent contractors that collect ALPR Information are required to read and understand “Know Your Rights: Photographers” published by the American Civil Liberties Union (ACLU) located at: https://www.aclu.org/know-your-rights-photographers (July 2014).
The company is not aware of any individual privacy interest applicable to the anonymous LPR data contained in the system, however, because the company considers LPR data a valuable asset of the company, we maintain usage logs, and periodically audit such logs, to ensure the security of our data assets and compliance with this policy. The usage logs include the following information:
(1) The date and time LPR data is accessed.
(2) The IP address from which the LPR data is accessed.
(3) The license plate number or other data elements used to query the system.
(4) The username of the person who accessed the information and, as applicable, the organization or entity with whom the person is affiliated.
(5) The purpose for accessing the information.
The company licenses our commercially collected LPR data to customers for the authorized uses set forth in Section A of this policy. The company shares the results of specific queries for use by its customers consistent with this policy and pursuant to the customer’s license agreement. Through an affiliate subsidiary of our parent company, the company collects data for commercial purposes and does not collect data on behalf of law enforcement agencies. However, the company allows law enforcement agencies (LEAs) to query the system directly for law enforcement purposes consistent with this policy. All customers and law enforcement agency users are required to establish an account pursuant to an agreement with the company. With respect to data collected by a LEA, we facilitate sharing that data only with other LEAs and, in that case, only if sharing is consistent with the policy of the agency which collected the data.
The company is the custodian and owner of the ALPR system and is responsible for implementing this policy, except for law enforcement owned LPR camera systems and the resulting data, for which the respective law enforcement agency is the owner of the LPR data and the company is the custodian. Vigilant’s CJIS Security Officer will be responsible for compliance to this policy.
The collection of LPR data is automated so that the license plate images, and the details of when they are collected, are included in the system without review, along with the computer translation of the license plate number. Although very infrequent, the license plate translation is sometimes inaccurate or incomplete. To avoid mistaken use of LPR data the company recommends users of the data confirm the computer translation before taking any action as a result of LPR data. The company corrects mistaken translation and other database errors when identified.
The company retains LPR data as long as it has commercial value. The company periodically evaluates the use of historical LPR data to determine if the cost to maintain the data exceeds its value. With respect to data collected by a LEA, the data is retained according to the retention policy defined and managed by the agency which collected the data.
The company reserves the right to revise this policy at any point in the future and such changes will be retroactively applicable to data collected prior to any revision of this policy.