CHP warns Flock over sharing of surveillance data with federal government

OAKLAND, Calif. - The California Highway Patrol is warning surveillance company Flock Safety not to share license plate data with federal officials – this comes as controversy swirls over immigration enforcement activity in the Bay Area.

The CHP contracts with Flock, which operates a network of cameras law enforcement use to gather license plate and car data.

In a letter to the CEO of Flock, Garrett Langley, CHP Commissioner Sean Duryee reaffirmed that data and video gathered via Flock cameras cannot be shared with federal officials.

"CHP's contract with Flock prohibits providing the information gathered from these cameras to the federal government or any other entities outside the State of California, limits the time Flock can retain data and camera footage, and expressly requires compliance with state law governing [automated license plate reader] systems and AB 34," Duryee said in a letter obtained by KTVU.

Law prohibits sharing with federal agencies

Dig deeper:

The CHP reminded Flock of AB 34, the state law signed in 2015 by Gov. Jerry Brown that prohibits California agencies and license plate reader operators, like Flock, from sharing the data with non-California government agencies.

RELATED: Oakland committee votes down expansion of Flock cameras amid heated debate

"As the CHP continues its work to increase public safety, the department reaffirms its commitment to develop and manage law enforcement tools in a manner that is safe, sparing and mindful of every Californian's right to privacy," the letter read.

The commissioner went on to acknowledge Californian's individual freedoms. 

"In these turbulent times, it is more urgent than ever to respect our individual freedoms. CHP is committed to keeping all Californians safe."

In response, Flock's CEO said the company is "aligned with CHP’s commitment to responsible, privacy-first public safety technology."

"All Flock customers own and control their customer ALPR data collected through its cameras, including how it is used and with whom it is shared." Langley said in a statement. "Flock does not share law enforcement data on our customer's behalf, and access is only granted at our customer's direction and consistent with California law and contractual limitations. Our customers may choose to share data 1:1 with a specific agency, more broadly within California, or not at all. And because of AB34 and the Attorney General's bulletin further clarifying the restriction on California agencies sharing data out of state, the Flock system does not allow California agencies to access national lookup or otherwise initiate out of state sharing relationships."

Oakland PD's bid to extend Flock contract

The backstory:

The CHP's affirmation that it does not share the data with federal agencies comes as the Oakland City Council's Public Safety Committee recently rejected a proposed $2 million contract with Flock.

The Oakland Police Department sought approval at last week's meeting to install up to 40 additional cameras as part of a two-year contract extension.

The city council voted down the police department's request.

In a statement, OPD said it was disappointed by the vote. 

"The camera system is an essential tool for ensuring safety in our community. We will consider the community’s concerns before presenting the item to the Council again," the department told KTVU.

The City of Oakland is also facing a lawsuit from advocacy group Secure Justice over the city's use of automated license plate readers. 

Secure Justice alleges Flock, used by the City of Oakland, shares data with ICE.

"Oakland cannot claim to be a sanctuary city when it fails at such a large scale to protect the data privacy interests of its residents and visitors, especially in the face of the Trump administration’s attacks directly targeting Oakland," Brian Hofer, executive director of Secure Justice, said in a statement last week.