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Jennifer Lynch, a senior staff attorney with the San Francisco-based Electronic Frontier Foundation, said the court’s privacy qualms validate her organization’s concerns about police collecting huge volumes of data to track the movements of millions of people.
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The justices sent the case back to the trial court to consider whether the raw data can be redacted or turned over in another form that protects the identity of drivers. “The act of revealing the data would itself jeopardize the privacy of everyone associated with a scanned plate,” the court said, adding that with so many scanned images, the “threat to privacy is significant.” The court cautioned, however, that disclosing the raw data could help someone figure out where a motorist lives, works or frequently visits. It pointed out that the scans are not gathered as part of a targeted investigation. “It is hard to imagine that the Legislature intended for the records of investigations exemption to reach the large volume of data that plate scanners … now enable agencies to collect indiscriminately,” the court noted. The justices said at least some disclosure should be attempted. The two departments declined to release the data, arguing that they were investigative records protected from disclosure.īut the Supreme Court disagreed, noting that the vast majority of the images were from vehicles not linked to any crime. The LAPD keeps its data for five years the Sheriff’s Department keeps its for two. The data are stored on confidential computer networks. At the time, the LAPD gathered about 1.2 million images of vehicle plates a week while the Sheriff’s Department collected as many as 1.8 million, the Supreme Court said. The civil liberties groups submitted their requests in 2012. The city attorney’s office did not respond to a request for comment.
“The idea of redactions that the lower court will now consider is far better.” “What if someone had a stalker who got this information?” Gialamas asked. The organizations said they planned to analyze the data to determine if police were disproportionately capturing license plates in particular neighborhoods. County Sheriff’s Department collected in a week. The latest legal dispute arose when the two groups sought data from about 3 million license plate images that the Los Angeles Police Department and the L.A.
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But the American Civil Liberties Union Foundation of Southern California and the Electronic Frontier Foundation have criticized the indiscriminate nature of the surveillance and how the movements of innocent drivers are captured alongside potential criminals. Law enforcement officials say the data are invaluable for tracking down stolen cars, catching fugitives or solving other types of crimes.
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The devices use software to almost instantly compare the plates with vehicles linked to crimes and the information can be stored for years. The unanimous opinion came as civil liberties groups raise concerns about the increasing use of police cameras mounted on cruisers or street poles to take photographs of passing vehicles. The California Supreme Court decided Thursday that data from millions of vehicle license plate images collected by the Los Angeles police and sheriff’s departments are not confidential investigative records that can be kept from public disclosure.
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