PARADISE VALLEY POLICE GENERAL ORDER Order Number Automated License Plate Recognition System Date 41.5 May 12, 2015 41.5 Policy for Automated License Plate Recognition/Reader Systems This General Order provides officers with guidelines on the deployment, data storage and retention, and associated uses of license plate recognition (LPR) systems, commonly known as license plate reader systems. It is the policy of the Department that the LPR system and captured data will be used in strict accordance with Department policy and procedures, training and applicable Federal and State law. The LPR system automates a process that, in the past, was conducted manually by police officers, license plate by license plate. The LPR system is an automated information technology that is both non-discretionary and non-discriminatory and with the capability for quick scanning and matching capabilities. 41.5.1 Definitions LPR: License Plate Recognition/License Plate Reader OCR: Optical Character Recognition Read: Digital images of license plates and vehicles and associated metadata (e.g., date, time, and geographic coordinates associated with the vehicle image capture) that are captured by the LPR system Alert: A visual and/or auditory notice that is triggered when the LPR system receives a potential “hit” on a license plate. Hit: A read matched to a plate that has previously been registered on an agency’s “hot list” of vehicle plates related to stolen vehicles, wanted vehicles, or other factors supporting investigation, or which has been manually registered by a user for further investigation. Hot list: License plate numbers of stolen cars, vehicles owned by persons of interest which may include vehicles associated with subjects that have felony or misdemeanor warrants for arrest, and vehicles associated with AMBER Alerts that are regularly added to “hot lists” circulated among law enforcement agencies. Hot list information can come from a variety of sources, including, but not limited to, stolen vehicle information from the National Insurance Crime Bureau and the National Crime Information Center (NCIC), as well as national AMBER Alerts -1- PARADISE VALLEY POLICE GENERAL ORDER Order Number Automated License Plate Recognition System Date 41.5 May 12, 2015 and Department of Homeland Security watch lists. These lists serve an officer safety function as well as an investigatory purpose. In addition to agency supported hot lists, users may also manually, pursuant to approved procedures, add license plate numbers to hot lists in order to be alerted if and when a vehicle license plate of interest is “read” by the LPR system. Fixed LPR system: LPR cameras that are permanently affixed to a structure, such as a pole. Mobile LPR system: LPR cameras that are affixed, either permanently (hardwired) or temporarily (e.g., magnet-mounted), to a law enforcement vehicle for mobile deployment. Portable LPR system: LPR cameras that are transportable and can be moved and deployed in a variety of venues as needed, such as a traffic barrel or speed radar sign. 41.5.2 Department License Plate Readers A. General 1. LPR systems and associated equipment and databases are authorized for official public safety purposes only. Misuse of this equipment and associated databases, or data, is prohibited. 2. The use of LPR systems is restricted to public safety–related missions of this agency. LPR systems and LPR data and associated media are the property of this agency and intended for use in legitimate law enforcement purposes, such as when the data relate to a specific criminal investigation or department related civil or administrative action. 3. LPR data is not personally identifiable information. A license plate number identifies a specific vehicle, not a specific person. Although a license plate number may be linked or otherwise associated with an identifiable person, this potential can only be realized through a distinct, separate step. Without follow-up investigation the license plate number and the time and location data attached to it are not personally identifying. Thus, even though LPR systems automate the collection of license plate numbers, it is only through the investigation process that identifies individuals. -2- PARADISE VALLEY POLICE GENERAL ORDER Order Number Automated License Plate Recognition System Date 41.5 May 12, 2015 B. Administration 1. The Support Services Lieutenant and Communications Supervisor are responsible for the oversight of LPR system deployment, operations and data purge and destruction protocols. Their responsibilities include: a. Establishing and updating written protocols for access, collection, storage, and retention of LPR data and associated media files, including searches of historical data. b. Establishing systems to preserve and document LPR reads and “alerts” or “hits” that are acted on in the field or in associated investigations or prosecutions. c. Establishing written protocols to establish and ensure the security and integrity of data captured, stored, and/or retained by the LPR system. d. Ensuring the proper selection of the personnel approved to operate the LPR system and maintaining an adequate number of trainees. e. Maintaining records identifying approved LPR deployments and documenting their results, including appropriate documentation of significant incidents and arrests that are related to LPR usage. f. Ensuring that any requests for LPR systems use or data are in accordance with Department policy, and Federal, State and local laws and regulations. g. Conducting random system audits to ensure that collected data has been purged as established by policy and that documentation exists for all requests to retain data per 41.5.4. h. Establishing and providing regular LPR training to authorized users and operators. i. Establishing maintenance and operating procedures to include a daily checklist and patrol procedures. 2. Designated personnel with appropriate training shall check equipment on a regular basis to ensure functionality and camera alignment. Any equipment that is in need of repair shall be removed from service, as necessary, until repairs have been made. 3. LPR systems repairs, hardware or software, shall be made by agency-authorized sources. -3- PARADISE VALLEY POLICE GENERAL ORDER Order Number Automated License Plate Recognition System Date 41.5 May 12, 2015 C. License Plate Reader System Usage 1. LPR operation and access to LPR collected data shall be for official agency purposes only. 2. Only officers who have been properly trained in the use and operational protocols of the LPR systems shall be permitted to access LPR data on the server and will do so only with the User ID and password assigned to them. 3. Prior to utilizing a mobile or portable LPR system, officers shall inspect such devices for any physical damage and ensure the device is in working order. Any problems impacting the use of the LPR will be reported to the officer’s immediate supervisor. The supervisor will ensure that any LPR needing service is reported to the Support Services Lieutenant and PD IT via “PD Vehicle Maintenance” group. The supervisor shall supply the officer with a different vehicle, if one is available. Fixed LPR locations will be managed as necessary upon notice of a system failure. 4. LPR Alerts/Hits. Prior to initiation of a vehicle stop, an officer shall: a. Visually verify that the vehicle plate number matches the plate number run by the LPR system, including both alphanumeric characters of the license plate and the state of Issuance. b. Verify the current status of the plate through MVD query when circumstances allow. 5. Hot lists may be updated manually, consistent with written protocols, by authorized users trained in the use of the equipment for documented law enforcement purposes. 6. Searches of historical data within the LPR system must be based upon an established criminal predicate and follow established departmental policies and procedures. 41.5.3 Data Sharing, Dissemination and Public Records 1. LPR data shall be treated as confidential for official use only and may be shared with other law enforcement agencies only for their legitimate law enforcement purposes. -4- PARADISE VALLEY POLICE GENERAL ORDER Order Number Automated License Plate Recognition System Date 41.5 May 12, 2015 2. Any LPR data provided to an LEA or other organization outside the Department must have prior written approval of the Support Services lieutenant and the Chief of Police. 3. As a general rule, LPR data will not be shared with the public unless it will further an investigation or help to locate a missing person. The decision to share the LPR data with the public will depend upon the organization receiving the LPR data, the nature of the information being disseminated, and the “need” to share the information. 4. To protect individual privacy rights, LPR data will not be released to a private citizen, except as may be disclosed due to specific legal requests, or required by public records laws. 41.5.4 Accountability and Retention 1. Retention of LPR Data will be stored in the Department’s LPR Server or appointed server for a period of no more than that required by Arizona State Library, Archives and Public Records, General Records Retention Schedule for Law Enforcement, item # 21 and pursuant to ARS §41-151.12. The current retention schedule is six (6) months. Thereafter, it shall be purged unless it has become, or is reasonable to believe it will become, evidence in a criminal investigation. In those circumstances, the applicable data should be downloaded from the server onto portable media and impounded as evidence. Case files containing LPR data can be shared with prosecutors as permitted by law. 2. If it has been determined to be reasonable to maintain the LPR data beyond the normal purge date, a formal written request will be made to the Chief of Police, through the Support Services lieutenant. The extension may be approved for a period of 30 days. Each subsequent extension, if necessary, must be approved by the Chief. 3. The automated purge function is authorized by the Chief of Police and managed by the system administrator (Support Services Lieutenant). Once established, the purge will occur automatically and will be logged in to the LPR system as a permanent record. The purge function can only be changed with authorization from the Chief of Police. -5- PARADISE VALLEY POLICE GENERAL ORDER Order Number Automated License Plate Recognition System Date 41.5 May 12, 2015 4. Access to LPR data is restricted to authorized PVPD members and will be used only for bona fide law enforcement purposes. All data collected will be used in accordance with Department policy, and State and Federal law that appropriately balance the need for the Department to respond to criminal activity and investigations against the legitimate privacy interests of persons operating motor vehicles on the streets of the Town of Paradise Valley. 5. The Support Services lieutenant will determine the Department members authorized to access the system on a case by case basis. Persons authorized to use the LPR system and access LPR data under these guidelines requires completion of approved training and is non-transferable to other users. a. Under no circumstances will an unauthorized person be allowed access to the LPR system. b. User access violations are subject to a loss of access and discipline per Department policy. 6. All LPR data downloaded to a mobile workstation and server shall be accessible only through a login/password protected system capable of documenting all access of information by name, date and time, consistent with written protocols. -6-