The Information and Privacy Commissioner of Ontario recently released their” Guidelines” ( the” Guidelines” ), which cover issues and guidelines related to the use of automated licence plate recognition technology. By providing safeguards for individual privacy rights, the Guidelines provide valuable information to law enforcement in all American jurisdictions that use or intend to use this kind of technology.
What are automated license plate identification methods, and what are they?
Authorities or law enforcement personnel are notified when a “hit” appears on a license plate and are scanned by integrated licence plate recognition systems. When a driver has a suspended license plate, a driver with exceptional warrants, or someone who has been reported missing, unlicensed, or stolen, the automated licence plate recognition system will cause a hit. Private data like the date, time, and location of a car may also be collected when the program scans a license plate. The automatic license plate identification system matches the license plate to the list of license plates kept in a database to identify vehicles.
The Rules
The Rules emphasize that personal information, including licence plate numbers and information about a driver’s location, must be collected, retained, used and disclosed in a matter that complies with privacy legislation. In addition, law enforcement must ensure automated licence plate recognition systems are used in a manner that respects the privacy rights of individuals granted under the Canadian Charter of Rights and Freedoms.
The Rules provide useful policies, procedures and technical controls for law enforcement to implement, which include:
- ensuring that the systems are set up to just keep and capture license plate images
- conducting a privacy impact assessment to develop measures and tactics to lessen the system’s potential effects on a person’s privacy
- utilizing a pilot project to examine the system’s features, security, and transparency before it is fully implemented on a global scale.
- Engaging in public discussion to describe the technology’s use
- Limiting the use and collection of personal knowledge
- granting access to the database and the program on a need-to-know schedule
Another responses from Canada’s Data and Private Commissioners
Data and Privacy Commissioners in Canada have taken into account the use of automated license plate recognition systems and provided helpful advice when implementing this kind of technology.
Victoria Police Department ( Re ), 2012 BCIPC 23 ), was the subject of a decision by the British Columbia Information and Privacy Commissioner in 2012, titled “automated licence plate recognition technology.” The Commissioner made a number of suggestions for law enforcement that would include quickly removing personal information from license plates to prevent penalties and ensuring the use and mandate of the system was properly described in order to inform the public of the full range of the technology.
Further, Prince Edward Island‘s Information and Privacy Commissioner discussed automated licence plate recognition systems in Charlottetown ( City ) ( Re ), 2020 CanLII 43896 ( PE IPC ). The Commissioner determined that the officer’s collection, use, and publication of personal information in the automatic licence plate recognition system was permitted by appropriate privacy laws in this report. The Commissioner urged the officers to post information about the use of automated licence plate reputation systems on their websites so that people are fully informed of the selection of their personal information and how it is handled once it is collected, despite the fact that this technology was authorized.
It is important to examine the Guidelines and be aware of the various ways in which animal’s private rights can be protected as law enforcement across American jurisdictions apply and incorporate automated licence plate recognition systems.
Our Protection, Data Protection & Cybersecurity party can assist you in implementing these guidelines and setting up procedures if you need assistance setting up automated licence plate recognition systems.
Note: This article contains only basic information and does not represent all legitimate options. Additionally, laws can change over time, and their interpretation should only be made in accordance with certain circumstances, making it illegal to rely on these resources or to give them as legitimate advice or opinion. In any specific circumstance, audience should seek the counsel of a legal professional.