License Plate Reader Bill Passes Senate Judiciary Committee

The legislation would make the data collected by license plate readers (LPRs) private and add oversight to the use of LPRs.
(Published Mar 4, 2013)

A bill that would classify license plate reader (LPR) data as private (SF 385, Sen. Scott Dibble, DFL-Minneapolis) passed the Senate Judiciary Committee on Feb. 28.

Minnesota law enforcement agencies use automated cameras to photograph license plates and compare the plate numbers to law enforcement data. LPRs have the ability to photograph hundreds of license plates from either a stationary position or when mounted on a squad car, and the collection, classification, and retention of LPR data by law enforcement agencies has garnered significant media attention over the last six months because the data collected is public, allowing anyone to find out where and when vehicles have traveled through certain parts of a city.

SF 385 was a compromise supported by the League and the Minnesota Police Chiefs Association. It strikes a balance between the use of an effective law enforcement tool and citizen privacy concerns. Under the legislation:

  • Data collected by LPRs is classified as confidential data on individuals or protected nonpublic data if the data is part of an active criminal investigation.
  • Data that is not part of an active criminal investigation is classified as private, which prohibits the public from accessing the data.
  • Data that is not part of, or that does not become part of, an active criminal investigation must be destroyed within 90 days of collections.
  • Law enforcement agencies are required to maintain a log of LPR use, indicating the times of day that the readers are used and the number of vehicles on which data is collected. This data is public.
  • The Department of Public Safety must perform a biennial audit of the LPR data to verify that all data is destroyed within the 90-day period. The audit results are public data.

The LMC Board of Directors adopted an interim legislative policy at its February meeting, and the compromise language of SF 385 conforms to the policy. The House version of the bill (HF 474, Rep. Mary Liz Holberg, R-Lakeville) is awaiting a hearing in the House Civil Law Committee.

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