San Jose suit calls for automated license plate reader data to be deleted faster
San Jose suit calls for automated license plate reader data to be deleted faster
Three San Jose residents have filed a federal class-action lawsuit against the city, challenging the use and data retention policies of its widespread license plate reader camera system.
SAN JOSE, Calif. - Three San Jose residents have filed a federal class-action lawsuit against the city, challenging the use and data retention policies of its widespread license plate reader camera system.
Legal challenge
What we know:
The legal challenge, filed on Wednesday at the federal courthouse in San Jose by the non-profit civil liberties law firm Institute for Justice, centers on the city’s network of approximately 470 Flock Safety cameras. The system captures images of every vehicle that passes, collecting millions of data points that are currently stored for 30 days.
Plaintiffs in the case are calling for a significant policy shift, demanding that the San Jose Police Department delete captured images within 24 hours.
"Ordinary people shouldn't have to live their lives in a fishbowl... knowing their government knows where they drive used against them later," said Michael Soyfer, one of the plaintiffs, said at a news conference. "We've seen abuses of these systems all across the country."
Attorneys for the residents argue the sheer volume of data collected constitutes government overreach and a violation of the Fourth Amendment.
2 Bay Area mayors disagree over ending Flock surveillance contracts
As Bay Area cities cut ties with Flock, two South Bay mayors share their differing views on ditching the surveillance technology to fight crime amid immigration concerns.
Investigative tool
The other side:
However, San Jose’s mayor, police department, and other supporters maintain that the Flock camera system is an indispensable investigative tool. They credit the technology with helping law enforcement solve critical cases, ranging from kidnappings to homicides. A spokesperson for the city stated that San Jose maintains "robust" policies designed to prevent data misuse.
The lawsuit follows a trend of heightened scrutiny regarding surveillance technology in the South Bay. Last year, the cities of Los Altos and Mountain View terminated their contracts with Flock Safety following concerns that data had been accessed by U.S. Immigration and Customs Enforcement.
Flock Safety has been reached for comment regarding the lawsuit, but the company has not yet responded.