HB1558: Privacy of license plate data.

Privacy of license plate data.

Prohibits a law enforcement agency from retaining license plate data captured by an automated license plate reader for more than 30 days. Specifies exceptions to this retention limit in specified circumstances, including: (1) for captured plate data obtained under a warrant; and (2) for purposes related to ongoing investigations. Allows a law enforcement agency to share captured plate data with another law enforcement agency in certain circumstances. Allows a party to pending or potential litigation, or the party's attorney, to request the retention of captured plate data for more than 30 days. Allows the owner of a license plate to request the retention of the owner's captured plate data for more than 30 days. Provides that requests for the extended retention of captured plate data must: (1) be made in writing; (2) specify a period of retention; and (3) be submitted to the law enforcement agency retaining the desired captured plate data. Requires law enforcement agencies retaining captured plate data to: (1) maintain properly trained personnel; (2) establish protocols that allow for the timely processing of warrants, subpoenas, court orders, and written requests seeking an extended period of retention for captured plate data; (3) create and implement access protocols for retained captured plate data; (4) limit access to the retained captured plate data to personnel that have received proper training in the implemented access protocols; (5) publicly announce, in a public forum and on a semiannual basis, the law enforcement agency's: (A) use of automated license plate readers, if any; and (B) policies and procedures concerning retained captured plate data; (6) remove captured plate data not subject to an extended period of retention within 30 days; and (7) verify the accuracy of information contained in captured plate data before using the captured plate data to further a criminal investigation. Allows a law enforcement agency to adopt rules, ordinances, resolutions, guidelines, or policies, as appropriate, to implement these requirements.

Sponsors

Versions

Recent actions

• First reading: referred to Committee on Veterans Affairs and Public Safety
  Jan 23, 2017 • House
• Authored by Representative Pierce
  Jan 23, 2017 • House