Virginia Police Face Controversy Over Unauthorized Sharing of Automated License Plate Reader (ALPR) Data

Warning of Penalties for Leaks to Federal Agencies… Lawmakers Push for Stricter Regulations and Complete Ban

Controversy over data leaks and privacy violations is intensifying as it was revealed that Virginia police agencies have been unauthorizedly sharing Automated License Plate Reader (ALPR) scan data with outside entities, including federal agencies.

Recently, an officer with the Smithfield Police Department provided ALPR-collected data to the Federal Bureau of Investigation (FBI) during an investigation into an Old Dominion University shooting without a court warrant or written request. Despite this, prosecutors decided not to press charges, raising questions about the law's effectiveness and sparking calls for legislative remedies.

Under current Virginia state law, transferring or sharing data collected through ALPR into the databases of other states, federal agencies, private entities, or commercial organizations is strictly prohibited. A court order or warrant is required to provide information to federal investigative agencies.

However, according to a recent study by the Virginia State Crime Commission, approximately 13% of law enforcement agencies operating ALPR systems in the state grant ongoing data access to out-of-state law enforcement agencies, and about 6% grant such access to federal law enforcement agencies. Additionally, 20% of the agencies retained data beyond the statutory 21-day retention period.

Regarding this unauthorized sharing, Virginia Senate Majority Leader Scott Surovell (D-Fairfax) urged a strict response, stating, "Strong penalties and sanctions must be imposed on localities and law enforcement agencies that illegally share information."

Civil liberties organizations are also raising their voices in concern. Chris Kaiser, policy director for the ACLU of Virginia, pointed out, "Because of the cloud-connected nature of these systems, if just a single police department or officer allows unauthorized access, the personal information of citizens across the entire state is exposed," adding that "warrantless, widespread surveillance is infringing upon the fundamental rights of residents."

As the controversy grows, local governments are moving to cancel contracts. Richmond Mayor Danny Avula decided not to renew the city's contract with Flock Safety, a major ALPR vendor, in response to residents' concerns over privacy violations and data leaks.

The Virginia General Assembly is scheduled to review legislation that would tighten regulations on ALPR or completely ban the technology's deployment altogether when its session begins in January. With several lawmakers from both parties, including Senator Lashrecse Aird, calling for a total ban on ALPR use, keen attention is focused on the future direction of the legislation.