Gov. Dan McKee unveiled new statewide guidance for police departments that choose to install and use automated license plate readers.
The guidance includes a statewide model policy and a template Memorandum of Understanding for data sharing.
Despite the new guidance, McKee noted that the statewide pause on installing automated license plate readers will remain in effect until legislation is drafted to codify the safeguards governing the technology.
“Automated license plate readers can be a valuable tool for law enforcement, but we need to make sure they’re being used responsibly and that people’s privacy is protected,” McKee said. “That’s why I called for a pause and review.”
“We’re now taking the next step by extending that pause while we work to put stronger safeguards into state law that protect Rhode Islanders’ privacy while giving law enforcement the tools they need to keep our communities safe,” he continued.
Statewide Model Policy
The statewide model policy establishes standards for law enforcement on how to responsibly use automated license plate readers.
Specifically, the model policy contains the following:
- Privacy protections: It prohibits the use of the technology for immigration enforcement, investigations involving reproductive or gender-affirming health care, harassment, discrimination or investigations involving conduct that is not a crime under state law.
- Data retention: It requires data from automated license plate readers to be deleted within 30 days unless it’s preserved for valid law enforcement purposes.
- Transparency: It requires police departments to maintain a public transparency portal with information about the number of operational cameras, data retention, agencies with access and system usage.
- Accountability: It mandates quarterly audits, training for authorized users and documentation of searches to ensure the technology is used for valid law enforcement purposes and in compliance with the policy.
- Data sharing: It establishes restrictions on sharing information with outside agencies and requires formal agreements governing access and use of data.
- Violations: Anyone who violates the policy will be subject to administrative sanctions, up to and including termination, civil liability and criminal prosecution, as applicable.
Read the full statewide model policy below:
Statewide Model Policy
The statewide model policy was created by the Rhode Island State Police, which was asked to conduct a “comprehensive review” of how automated license plate reader systems work and best practices. The Rhode Island State Police also reviewed existing policies in the cities and towns that have been using the technology.
Memorandum of Understanding
The Memorandum of Understanding, which was also created by the Rhode Island State Police, is a facet of the statewide model policy. It is an agreement between the automated license plate reader provider and a police department that pertains specifically to the access and sharing of data collected by the cameras.
The template includes the definition of “authorized use” and clearly outlines when data can and can’t be shared with third parties.
It also specifies that data collected by the cameras is owned by the automated license plate reader provider.
“Access is granted at the sole discretion of the [provider] and may be revoked at any time with or without cause,” the template states.
The template also notes that the agreement can be terminated at any time by either the provider or police department with written notice.
Read the full Memorandum of Understanding template below:
Model MOU
Comprehensive Review
McKee first asked police departments across the state to pause the installation and activation of new automated license plate readers back in August pending the outcome of the comprehensive review.
His request stemmed from growing concerns surrounding privacy and the sharing of information collected by the automated license plate readers.
McKee is now asking municipalities that are actively using automated license plate readers to adopt the statewide model policy and use the Memorandum of Understanding template to establish clear rules for data sharing.
Rhode Island State Police Col. Darnell Weaver said the statewide model policy establishes “clear, consistent standards for how this technology should be used, how information is accessed and shared, and how agencies are held accountable.”
“We recognize the importance of maintaining public trust,” Weaver said. “Our goal is to ensure that law enforcement can use this technology effectively and responsibly.”
Rhode Island Police Chiefs Association President Col. Michael Correia, who is also the chief of the Barrington Police Department, stressed the importance of a “consistent set of standards” for cities and towns who decide to adopt the technology.
“This model policy gives police departments a strong foundation to work from, with clear guidance on protecting privacy, maintaining accountability, and ensuring that information is used and shared appropriately,” Correia said.
McKee said the model policy will be reviewed annually “to ensure the guidance remains current.”
Read the results of the comprehensive review below:
RISP Briefing Document
ACLU’s Concerns
The American Civil Liberties Union of Rhode Island expressed frustration last week that the comprehensive review of automated license plate readers has lacked meaningful public input.
Though the ACLU acknowledged it hasn’t thoroughly analyzed the statewide model policy yet, it issued a response after its cursory review revealed some glaring fundamental concerns.
In its response, the ACLU noted that the policy’s definition of what constitutes a “valid law enforcement” purpose is too broadly worded.
“The only things these cameras cannot be used for are the handful of reasons the policy explicitly prohibits,” the ACLU explained. “Under the policy, automated license plate readers can be used for ‘information gathering,’ the ‘prevention of crime,’ and ‘ensuring the safety of the public,’ with or without cause that a crime has been committed.”
“In other words, for just about any reason,” the response continued.
The ACLU also argued that the policy allows license plate data to be routinely maintained for up to 30 days, which “ignores even Flock Safety‘s recent recognition that retention of this data for a month is far too long and unduly invasive.”
Flock Safety, a popular automated license plate reader provider, specifically changed its default time frame for data retention to seven days back in August, which the ACLU believes should be the absolute maximum.
“Any policy or law setting standards for the use of automated license plate readers should not allow the information to be kept for more than that time period,” the ACLU said.
The policy also doesn’t prevent use of the system to take photographs of drivers and their passengers, or prohibit the use of facial recognition technology, according to the ACLU.
“Despite the many misleading assertions police have given that automated license plate readers take pictures only of the rear of motor vehicles, revelations in a recent lawsuit against Cumberland show that this is simply not the case,” the ACLU said.
The ACLU said the policy’s threats against misuse are “largely meaningless,” especially since there’s currently no law that makes it a crime or establishes a civil cause of action.
“The ACLU appreciates that the pause on further automated license plate reader installations remains in effect, as well as some of the provisions in the recommended policy designed to establish some limits on their use,” the ACLU concluded. ” On the whole, however, the policy promises much less than meets the eye.”
Read the ACLU’s full response to the statewide model policy below:
ACLU Statement on Proposed ALPR Policy