CC SR 20210420 H - SB 210 Letter of Opposition Report
CITY COUNCIL MEETING DATE: 04/20/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of opposition to
SB 210.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a City letter of opposition to SB 210.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft City letter opposing SB 210 (page A-1)
B. Text of SB 210 (as amended March 15, 2021) (page C-1)
BACKGROUND AND DISCUSSION:
The intention of Senator Wiener’s Senate Bill No. 210 is to prohibit federal immigration
enforcement agencies from exploiting automated license plate reader (ALPR)
databases and to protect the privacy of drivers from ALPR data collection. However, it
does so by requiring that ALPR data collected by a public agency be deleted within 24
hours unless it is on a “hot list.”
An ALPR system is both a real-time tool for law enforcement agencies and an archive of
historical information. Real-time notifications are provided to law enforcement agencies
based on a hot list. Local agencies create their own hot lists and obtain hot lists from
state and federal agencies. The California Department of Justice, for example, provides
hot lists to local agencies that include license plate numbers associated with missing
persons, gang members, and suspected terrorists. If a vehicle on a hot list is recorded
by an ALPR camera, the local law enforcement agency can receive a direct notification.
1
Otherwise, law enforcement agencies use the stored information as a searchable
archive.
The Peninsula cities recently completed installing ALPR cameras at all entry points to
the Peninsula. The cameras act as a “virtual gate” to record license plate information of
every vehicle entering the four cities. While the cameras are used for hot list
notifications, they are also used after a crime occurs as a means of follow-up and
investigation. These investigations often require more than 24 hours to complete, or
even be initiated.
SB 210 would require ALPR operators and end -users to conduct annual audits to
review ALPR end-user searches to determine if all searches were in compliance with
relevant usage and privacy policies. Public agencies that are not an airport authority
must additionally confirm that all ALPR data that does not match hot list information has
been routinely destroyed in 24 hours or less. The agency would also be required to
include the 24-hour retention window for non-hot list data in their own usage and privacy
policy.
While recognizing the importance of privacy protections, the 24-hour retention window
for information collected by an ALPR system will interfere with system’s intention to be
used to solve crimes. Therefore, this bill poses a threat to public safety. For these
reasons, and to ensure the usefulness of the Peninsula ALPR network, Staff
recommends the City Council authorize the Mayor to sign a letter as drafted or with
revisions to Senator Wiener opposing SB 210.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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April 20, 2021 Via Email
The Honorable Scott Wiener
California State Senate
State Capitol, Room 5100
Sacramento, CA 95814-4900
SUBJECT: Notice of Opposition to SB 210
Dear Senator Wiener:
The City of Rancho Palos Verdes strongly opposes SB 210, which would require ALPR
data collected by a public agency be deleted within 24 hours unless it is on a “hot list.”
An ALPR system is both a real-time tool for law enforcement agencies and an archive of
historical information. Imposing a 24-hour retention window on ALPR data will
significantly hinder law enforcement’s ability to conduct a thorough investigation in the
event of a crime.
The City of Rancho Palos Verdes and its neighboring cities on the Palos Verdes
Peninsula recently completed installing ALPR cameras at all entry points, in partnership
with local law enforcement agencies. Data from those cameras has been instrumental in
certain crime investigations. We are committed to enhancing public safety in our cities
and limiting storage of non-hot list information to less than 24 hours will severely
undercut our ability to investigate certain crimes and poses a threat to public safety.
While the intent to enhance privacy protections is understandable, the 24-hour
retention window for ALPR data will threaten public safety by limiting law enforcement’s
ability to investigate crimes using license plate data. For these reasons, the City of
Rancho Palos Verdes strongly opposes SB 210.
Sincerely,
Eric Alegria
Mayor
A-1
Senator Wiener
April 20, 2021
Page 2
cc: Anthony Portaninto, Senator, Chair, Senate Appropriations Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
Captain James Powers, Lomita Station, L.A. County Sheriff’s Department
Palos Verdes Estates City Council and City Manager
Rolling Hills City Council and City Manager
Rolling Hills Estates City Council and City Manager
A-2
AMENDED IN SENATE MARCH 15, 2021
AMENDED IN SENATE MARCH 5, 2021
SENATE BILL No. 210
Introduced by Senator Wiener
(Coauthor: Senator Wieckowski)
(Coauthors: Assembly Members Stone Chiu, Stone, and Ting)
January 12, 2021
An act to amend Sections 1798.90.51, 1798.90.52, and 1798.90.53
of, and to add Sections 1798.90.56 and 1798.90.57 to, the Civil Code,
relating to personal information.
legislative counsel’s digest
SB 210, as amended, Wiener. Automated license plate recognition
systems: use of data.
Existing law authorizes the Department of the California Highway
Patrol to retain license plate data captured by license plate reader
technology, also referred to as an automated license plate recognition
(ALPR) system, for not more than 60 days unless the data is being used
as evidence or for the investigation of felonies. Existing law authorizes
the department to share that data with law enforcement agencies for
specified purposes and requires both an ALPR operator and an ALPR
end-user, as those terms are defined, to implement a usage and privacy
policy regarding that ALPR information, as specified. Existing law
requires that the usage and privacy policy implemented by an ALPR
operator or an ALPR end-user include the length of time ALPR
information will be retained and the process the ALPR operator and
ALPR end-user will utilize to determine if and when to destroy retained
ALPR information.
97 B-1
This bill would include in those usage and privacy policies a
requirement that, if the ALPR operator or ALPR end-user is a public
agency and not subject to a specified provision relating to electronic
toll collection and electronic transit fare collection systems, an airport
authority, ALPR data that does not match a hot list be destroyed within
24 hours.
Existing law requires an ALPR operator and an ALPR end-user to
maintain reasonable security procedures and practices. Under existing
law, the reasonable security procedures and practices must include
operational, administrative, technical, and physical safeguards to protect
ALPR information from unauthorized access, destruction, use,
modification, or disclosure.
This bill would additionally require those procedures and practices
to include an annual audit to review ALPR end-user searches during
the previous year and, where the ALPR operator or ALPR end-user is
a public agency and not subject to a specified provision relating to
electronic toll collection and electronic transit fare collection systems,
an airport authority, the destruction of all ALPR information that does
not match information on a hot list within 24 hours. The bill would also
prohibit, except as specified, prohibit an ALPR operator or an ALPR
end-user that is a public agency and not an airport authority from
accessing an ALPR system that contains ALPR information that is more
than 24 hours old. retains ALPR information for more than 24 hours
that does not match a hot list.
Existing law requires an ALPR operator that accesses or provides
access to ALPR information to maintain a record of that access and
require that ALPR information only be used for the authorized purposes
described in the usage and privacy policy.
This bill would extend the requirement to keep a record of access to
ALPR information to an ALPR end-user. The bill would additionally
require an ALPR operator or an ALPR end-user that accesses or provides
access to ALPR information to conduct an annual audit to review ALPR
end-user searches during the previous year and to confirm that, if the
ALPR operator or ALPR end-user is a public agency and not subject
to a specified provision relating to electronic toll collection and
electronic transit fare collection systems, an airport authority, all ALPR
information that does not match a hot list is routinely destroyed in 24
hours or less. The bill would require these annual audits be made
available to the public in writing, and, if the ALPR operator or ALPR
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end-user has an internet website, would require the annual audits be
posted conspicuously on that internet website.
This bill would require the Department of Justice, on or before July
1, 2022, to draft and make available on its internet website a policy
template and would permit local law enforcement agencies to use the
template as a model for their ALPR policies. The bill would also require
the Department of Justice to develop and issue guidance to help local
law enforcement agencies identify and evaluate the types of data they
are currently storing in their ALPR database systems.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) It is well documented that agencies engaged in federal
line 4 immigration enforcement are exploiting automated license plate
line 5 reader (ALPR) databases containing the locations of immigrant
line 6 drivers as part of their efforts to locate and deport Californians.
line 7 (b) The selling, sharing, or transferring of ALPR information
line 8 by a California state or local public agency with an out-of-state or
line 9 federal agency is prohibited under subdivision (b) of Section
line 10 1798.90.55 of the Civil Code.
line 11 (c) Despite existing law, public agencies in California share
line 12 ALPR information with agencies engaged in federal immigration
line 13 enforcement.
line 14 (d) Further legislation is needed to ensure that ALPR
line 15 information is retained only for immediate comparison with a hot
line 16 list and avoids being retained and used for purposes of federal
line 17 immigration enforcement.
line 18 SEC. 2. Section 1798.90.51 of the Civil Code is amended to
line 19 read:
line 20 1798.90.51. An ALPR operator shall do all of the following:
line 21 (a) Maintain reasonable security procedures and practices,
line 22 including operational, administrative, technical, and physical
line 23 safeguards, to protect ALPR information from unauthorized access,
line 24 destruction, use, modification, or disclosure. These reasonable
line 25 security procedures and practices shall include, but are not limited
line 26 to, the following:
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SB 210 — 3 — B-3
line 1 (1) An annual audit to review ALPR end-user searches during
line 2 the previous year. year to assess user searches, determine if all
line 3 searches were in compliance with the usage and privacy policy,
line 4 and, if the ALPR operator is a public agency and not an airport
line 5 authority, confirm that all ALPR data that does not match hot list
line 6 information has been routinely destroyed in 24 hours or less.
line 7 (2) If the ALPR operator is a public agency and not subject to
line 8 Section 31490 of the Streets and Highways Code, an airport
line 9 authority, destruction of all ALPR information that does not match
line 10 information on a hot list in 24 hours or less.
line 11 (b) (1) Implement a usage and privacy policy in order to ensure
line 12 that the collection, use, maintenance, sharing, and dissemination
line 13 of ALPR information is consistent with respect for individuals’
line 14 privacy and civil liberties. The usage and privacy policy and annual
line 15 audits shall be available to the public in writing, and, if the ALPR
line 16 operator has an internet website, the usage and privacy policy and
line 17 annual audits shall be posted conspicuously on that internet
line 18 website.
line 19 (2) The usage and privacy policy shall, at a minimum, include
line 20 all of the following:
line 21 (A) The authorized purposes for using the ALPR system and
line 22 collecting ALPR information.
line 23 (B) A description of the job title or other designation of the
line 24 employees and independent contractors who are authorized to use
line 25 or access the ALPR system, or to collect ALPR information. The
line 26 policy shall identify the training requirements necessary for those
line 27 authorized employees and independent contractors.
line 28 (C) A description of how the ALPR system will be monitored
line 29 to ensure the security of the information and compliance with
line 30 applicable privacy laws.
line 31 (D) The purposes of, process for, and restrictions on, the sale,
line 32 sharing, or transfer of ALPR information to other persons.
line 33 (E) The title of the official custodian, or owner, of the ALPR
line 34 system responsible for implementing this section.
line 35 (F) A description of the reasonable measures that will be used
line 36 to ensure the accuracy of ALPR information and correct data errors.
line 37 (G) The length of time ALPR information will be retained, and
line 38 the process the ALPR operator will utilize to determine if and
line 39 when to destroy ALPR information. If the ALPR operator is a
line 40 public agency and not subject to Section 31490 of the Streets and
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line 1 Highways Code, an airport authority, the policy shall require
line 2 destruction of ALPR data that does not match hot list information
line 3 in 24 hours or less.
line 4 (c) For purposes of this title, “hot list” means a list or lists of
line 5 license plates of vehicles of interest against which the ALPR
line 6 system is comparing vehicles on the roadways.
line 7 SEC. 3. Section 1798.90.52 of the Civil Code is amended to
line 8 read:
line 9 1798.90.52. If an ALPR operator or an ALPR end-user accesses
line 10 or provides access to ALPR information, the ALPR operator or
line 11 ALPR end-user shall do all of the following:
line 12 (a) Maintain a record of that access. At a minimum, the record
line 13 shall include all of the following:
line 14 (1) The date and time the information is accessed.
line 15 (2) The license plate number or other data elements used to
line 16 query the ALPR system.
line 17 (3) The username of the person who accesses the information,
line 18 and, as applicable, the organization or entity with whom the person
line 19 is affiliated.
line 20 (4) The purpose for accessing the information.
line 21 (b) Require that ALPR information only be used for the
line 22 authorized purposes described in the usage and privacy policy
line 23 required by subdivision (b) of Section 1798.90.51.
line 24 (c) Conduct an annual audit to review ALPR end-user searches
line 25 during the previous year to assess user searches, determine if all
line 26 searches were in compliance with the usage and privacy policy,
line 27 and, if the ALPR operator or ALPR end-user is a public agency
line 28 and not subject to Section 31490 of the Streets and Highways
line 29 Code, an airport authority, confirm that all ALPR data that does
line 30 not match hot list information has been routinely destroyed in 24
line 31 hours or less.
line 32 SEC. 4. Section 1798.90.53 of the Civil Code is amended to
line 33 read:
line 34 1798.90.53. An ALPR end-user shall do all of the following:
line 35 (a) Maintain reasonable security procedures and practices,
line 36 including operational, administrative, technical, and physical
line 37 safeguards, to protect ALPR information from unauthorized access,
line 38 destruction, use, modification, or disclosure. These reasonable
line 39 security procedures and practices shall include, but not be limited
line 40 to, an annual audit to review ALPR end-user searches during the
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SB 210 — 5 — B-5
line 1 previous year to assess user searches, determine if all searches
line 2 were in compliance with the usage and privacy policy, and, if the
line 3 ALPR end-user is a public agency and not an airport authority,
line 4 confirm that all ALPR data that does not match hot list information
line 5 has been routinely destroyed in 24 hours or less.
line 6 (b) (1) Implement a usage and privacy policy in order to ensure
line 7 that the access, use, sharing, and dissemination of ALPR
line 8 information is consistent with respect for individuals’ privacy and
line 9 civil liberties. The usage and privacy policy and annual audits shall
line 10 be available to the public in writing, and, if the ALPR end-user
line 11 has an internet website, the usage and privacy policy and annual
line 12 audits shall be posted conspicuously on that internet website.
line 13 (2) The usage and privacy policy shall, at a minimum, include
line 14 all of the following:
line 15 (A) The authorized purposes for accessing and using ALPR
line 16 information.
line 17 (B) A description of the job title or other designation of the
line 18 employees and independent contractors who are authorized to
line 19 access and use ALPR information. The policy shall identify the
line 20 training requirements necessary for those authorized employees
line 21 and independent contractors.
line 22 (C) A description of how the ALPR system will be monitored
line 23 to ensure the security of the information accessed or used, and
line 24 compliance with all applicable privacy laws and a process for
line 25 periodic system audits.
line 26 (D) The purposes of, process for, and restrictions on, the sale,
line 27 sharing, or transfer of ALPR information to other persons.
line 28 (E) The title of the official custodian, or owner, of the ALPR
line 29 information responsible for implementing this section.
line 30 (F) A description of the reasonable measures that will be used
line 31 to ensure the accuracy of ALPR information and correct data errors.
line 32 (G) The length of time ALPR information will be retained, and
line 33 the process the ALPR end-user will utilize to determine if and
line 34 when to destroy ALPR information. If the ALPR end-user is a
line 35 public agency and not subject to Section 31490 of the Streets and
line 36 Highways Code, an airport authority, the policy shall require
line 37 destruction of ALPR data that does not match hot list information
line 38 in 24 hours or less.
line 39 SEC. 5. Section 1798.90.56 is added to the Civil Code,
line 40 immediately following Section 1798.90.55, to read:
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line 1 1798.90.56. (a) On or before July 1, 2022, the Department of
line 2 Justice shall draft and make available on its internet website a
line 3 policy template that public agencies may use as a model for their
line 4 ALPR policies.
line 5 (b) The Department of Justice shall develop and issue guidance
line 6 to help local law enforcement agencies identify and evaluate the
line 7 types of data they are currently storing in their ALPR database
line 8 systems. The guidance shall include, but not be limited to, the
line 9 necessary security requirements agencies should follow to protect
line 10 the data in their ALPR systems.
line 11 SEC. 6. Section 1798.90.57 is added to the Civil Code,
line 12 immediately following Section 1798.90.56, to read:
line 13 1798.90.57. An ALPR operator that is a public agency, and an
line 14 ALPR end-user that is a public agency, shall not access an ALPR
line 15 system that contains ALPR information that is more than 24 hours
line 16 old except to access ALPR information that matches hot list
line 17 information. or ALPR end-user that is a public agency and is not
line 18 an airport authority shall not access an ALPR system that retains
line 19 ALPR information for more than 24 hours that does not match a
line 20 hot list.
O
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SB 210 — 7 — B-7