Obligations Arising From Particular TransactionsCollection of License Plate Information 1798.90.5-1798.90.55

Section § 1798.90

Explanation

This section provides definitions related to automated license plate recognition (ALPR) systems. An "ALPR end-user" is someone who uses an ALPR system, excluding certain agencies under specific statutory regulations. "ALPR information" refers to data collected by these systems. An "ALPR operator" is someone who runs the system but not if they're a certain kind of transportation agency. An "ALPR system" is a database made by using cameras and computer algorithms to capture and read license plates. Finally, terms like "person" and "public agency" are defined to include individuals and various organizational bodies.

The following definitions shall apply for purposes of this title:
(a)CA Civil Law Code § 1798.90(a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following:
(1)CA Civil Law Code § 1798.90(a)(1) A transportation agency when subject to Section 31490 of the Streets and Highways Code.
(2)CA Civil Law Code § 1798.90(a)(2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections.
(3)CA Civil Law Code § 1798.90(a)(3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code.
(b)CA Civil Law Code § 1798.90(b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system.
(c)CA Civil Law Code § 1798.90(c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code.
(d)CA Civil Law Code § 1798.90(d) “Automated license plate recognition system” or “ALPR system” means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data.
(e)CA Civil Law Code § 1798.90(e) “Person” means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity.
(f)CA Civil Law Code § 1798.90(f) “Public agency” means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.
automated license plate recognition ALPR end-user ALPR information ...

Section § 1798.90

Explanation

This law requires operators of Automatic License Plate Reader (ALPR) systems to protect the data they collect with strong security measures. They must have a public privacy policy that explains how they use and protect this information, ensuring privacy and civil liberties are respected. The policy must include details such as authorized system uses, who can access the system, monitoring methods, how information is shared or sold, the person in charge, how data accuracy is maintained, and how long data is kept before it’s destroyed.

An ALPR operator shall do all of the following:
(a)CA Civil Law Code § 1798.90(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
(b)Copy CA Civil Law Code § 1798.90(b)
(1)Copy CA Civil Law Code § 1798.90(b)(1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(2)CA Civil Law Code § 1798.90(b)(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A)CA Civil Law Code § 1798.90(b)(2)(A) The authorized purposes for using the ALPR system and collecting ALPR information.
(B)CA Civil Law Code § 1798.90(b)(2)(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C)CA Civil Law Code § 1798.90(b)(2)(C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D)CA Civil Law Code § 1798.90(b)(2)(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E)CA Civil Law Code § 1798.90(b)(2)(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section.
(F)CA Civil Law Code § 1798.90(b)(2)(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G)CA Civil Law Code § 1798.90(b)(2)(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information.
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Section § 1798.90

Explanation

This law requires anyone operating an Automated License Plate Recognition (ALPR) system to keep a detailed record whenever the system's information is accessed. The record must include the date and time of access, the license plate number searched, the username of the person accessing the data, and their affiliation, plus the reason for accessing it. Additionally, it mandates that ALPR information is only used for purposes that are authorized by the relevant usage and privacy policy.

If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following:
(a)CA Civil Law Code § 1798.90(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1)CA Civil Law Code § 1798.90(a)(1) The date and time the information is accessed.
(2)CA Civil Law Code § 1798.90(a)(2) The license plate number or other data elements used to query the ALPR system.
(3)CA Civil Law Code § 1798.90(a)(3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4)CA Civil Law Code § 1798.90(a)(4) The purpose for accessing the information.
(b)CA Civil Law Code § 1798.90(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51.
ALPR operator access records license plate data ...

Section § 1798.90

Explanation

This law requires anyone who uses Automatic License Plate Reader (ALPR) systems to maintain strong security measures to protect the data they collect. They must have a clear policy about how the data can be used, ensuring it respects privacy and civil liberties, and make this policy public. The policy should detail what employees are allowed to handle the data, how the system is secured and audited, and guidelines for sharing data. It also needs to cover data accuracy, retention times, and conditions for data disposal.

An ALPR end-user shall do all of the following:
(a)CA Civil Law Code § 1798.90(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
(b)Copy CA Civil Law Code § 1798.90(b)
(1)Copy CA Civil Law Code § 1798.90(b)(1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(2)CA Civil Law Code § 1798.90(b)(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A)CA Civil Law Code § 1798.90(b)(2)(A) The authorized purposes for accessing and using ALPR information.
(B)CA Civil Law Code § 1798.90(b)(2)(B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C)CA Civil Law Code § 1798.90(b)(2)(C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D)CA Civil Law Code § 1798.90(b)(2)(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E)CA Civil Law Code § 1798.90(b)(2)(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.
(F)CA Civil Law Code § 1798.90(b)(2)(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G)CA Civil Law Code § 1798.90(b)(2)(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information.
Automatic License Plate Reader security procedures privacy policy ...

Section § 1798.90

Explanation
If someone unlawfully accesses or uses information from an Automated License Plate Recognition (ALPR) system, the affected person can sue for damages. They can receive at least $2,500, and possibly more, if the wrongdoing was intentional. The court can also award additional costs for legal fees and may grant other suitable remedies.
(a)CA Civil Law Code § 1798.90(a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm.
(b)CA Civil Law Code § 1798.90(b) The court may award a combination of any one or more of the following:
(1)CA Civil Law Code § 1798.90(b)(1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500).
(2)CA Civil Law Code § 1798.90(b)(2) Punitive damages upon proof of willful or reckless disregard of the law.
(3)CA Civil Law Code § 1798.90(b)(3) Reasonable attorney’s fees and other litigation costs reasonably incurred.
(4)CA Civil Law Code § 1798.90(b)(4) Other preliminary and equitable relief as the court determines to be appropriate.
ALPR system unauthorized access civil action ...

Section § 1798.90

Explanation

This law states that any public agency in California using an Automated License Plate Recognition (ALPR) system must first allow for public comments during a scheduled public meeting before they start the program. Additionally, these agencies are prohibited from selling, sharing, or transferring the ALPR data, except to other public agencies, and even then, only if the law allows it. Providing data hosting or towing services does not count as transferring ALPR information.

Notwithstanding any other law or regulation:
(a)CA Civil Law Code § 1798.90(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.
(b)CA Civil Law Code § 1798.90(b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.
Automated License Plate Recognition ALPR system public comment ...