City grapples with license plate readers data

Though Olbert said he had no problem with adding to the city’s stock of 11 cameras, the idea of extending the data retention period for the technology gave him pause, adding that he wondered if extending the data retention would make a measurable difference in their ability to solve crimes.

“As a practical matter, one can use that as an argument for retaining the data forever because eventually, who knows? It may help,” he said, according to a video of the meeting. “It’s always a matter of striking balances and trade-offs.”

Citing the technology’s use in recovering stolen vehicles and solving cross-jurisdiction crimes since it was implemented in 2015, Greg Rothaus, captain of the San Carlos Bureau of the San Mateo County Sheriff’s Office, said automated license plate readers have proven to be a valuable tool for city law enforcement officials.

“In terms of their use and effectiveness, it’s almost too much to track and it’s really a game changer in law enforcement,” he said.

Rothaus advocated for an extension of the city’s data retention period, which he said could make the information valuable for police investigations, which can last for months and extend beyond the city’s current retention period. He added San Carlos and Menlo Park were the only two agencies in the county that retained data for the shorter, six-month period and that others contributing to the countywide database keep data for 12 months.

Acknowledging concerns about the technology collecting information on those not breaking the law, Rothaus said his department worked with representatives of the American Civil Liberties Union to review its policies to add specific training requirements, mandatory reports to the City Council and prohibited uses, among other measures, to the city’s policy. He said the data is only used for official law enforcement business and is only accessible to authorized sheriff’s personnel, which could include deputies, dispatchers, crime analysts and IT professionals. Though the city may share data collected from the technology with partner agencies, Rothaus said none of it can be shared with Immigration and Customs Enforcement unless a criminal investigation is opened.

Citing concerns about a contract the camera vendor, Vigilant Technologies, has to ICE, Beth von Emster, a representative of the North Peninsula Chapter of the ACLU of Northern California, petitioned the council to keep the city’s six-month retention policy. Though Kate Pfaff said she was against use of the technology out of concerns about the protection of citizens’ privacy, she advocated for officials to keep or lower the retention period to limit the risk it is abused.

“While such technology can indeed be useful as a law enforcement tool, it does so at the cost of mass surveillance of everyone in the city, the innocent along with the suspects,” she said.

Rothaus said the city’s contract with Vigilant Technologies limits what the company can do with the data, and that those who misuse it would be subject to prosecution. City Attorney Greg Rubens added Vigilant Technologies would be held responsible for damages should its representatives mishandle the data.

Grocott wasn’t convinced the gains to law enforcement efforts outweighed the risk of keeping the data, noting it makes sense to keep it if it’s related to a criminal investigation but not if no crime is connected to it.

“While someone may be prosecuted if data is misused, once it’s misused, the damage has been done,” he said. “It doesn’t necessarily make whole the person who was violated.”

Noting law enforcement officials have used license plate information in their work for decades, Vice Mayor Cameron Johnson compared use of the technology to a traffic stop in which an officer checks an individual’s license plate.

“This is just making that process automated,” he said. “It’s something that we have all accepted and the reason we accept it is because it helps solve crimes and it helps keep us safe.”

Acknowledging the many hypothetical situations that could make the technology problematic, Johnson noted there weren’t a lot of examples of its negative effects and voiced support for the technology as a valuable tool in solving crimes.

In other business, the council did not approve plans for a new stoplight at Eaton Avenue and Alameda de las Pulgas. Known as a cut-through street on the border of Redwood City and San Carlos, Eaton Avenue’s traffic congestion has increased during peak commute hours in recent years, spurring a study by city staff to scope measures that might ease traffic at the intersection. In response to residents concerned that a signal would slow traffic even more, the council did not approve a new stoplight but expressed hope alternate measures could be explored.

anna@smdailyjournal.com

(650) 344-5200 ext. 106