HomeMy WebLinkAboutReso 2021-022 Flock Cameras Usage & Privacy Policy
RESOLUTION NO.2021-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA ADOPTING A LICENSE PLATE
CAMERA/ALPR USAGE AND PRIVACY POLICY
WHEREAS, the City of Lake Elsinore may utilize Automated License Plate Recognition
(ALPR) technology to assist law enforcement in proactive enforcement efforts on auto-theft and
other criminal activity and prevent other serious crimes; and
WHEREAS, the ALPR system is 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 license plates and the characters they contain into computer-readable
data (“ALPR data”); and
WHEREAS, the information obtained by the ALPRs is considered “personal information”
and subject to specific privacy and security requirements under applicable state law (SB 34)
requiring the end-users to adopt a License Plate Camera Privacy Policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.Purpose.
The purpose of this Policy is to set forth the procedures for use of license plate imaging systems
and equipment conducted inthe course and scope of providing law enforcement, prosecutorial
and crime prevention services as well as establishing use and data retention policies. The City
will only make the data available to the Riverside County Sheriff’s Office (RSO), which provides
law enforcement services for the City, or other law enforcement or prosecutorial agency upon
request from those agencies. Once the data is obtained by any law enforcement or prosecutorial
agency, the usage and privacy policies of that agencyapply.
Section 2.Authorized Purposes for Using the License Plate Cameras and Collecting
Photographic License Plate Images and/or ALPR Data.
The purpose for using ALPR data is to deter criminal activity and to aid law enforcement in its
investigation and prosecutionof possible crimes.
Section 3. Person Authorized to Access or Collect License Plate Image/ALPR Data.
The ALPR camera system is installed and maintained by an independent contractor using
proprietary technology. Footage is held temporarily on the camerafor initial processing. All data
is then securely stored in a cloud-based server where all data (both footage and metadata) is fully
encrypted and automatically deleted every thirty (30) days. The ALPR system shall only be
accessed or used by sworn the City Manager, RSO Officers. The independent contractor shall
not access footage without explicit, written permission from the City to help collect evidence in the
event of a crime and shall not share, sell, or monetize ALPR data.
Section 4. Training.
Training on the use of ALPR cameras shall be provided by the City Manager in cooperation with
RSO and the independent contractor retained by the City for this purpose.
CC Res. No. 2021-22
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Section 5. How the License Plate Cameras will be monitored to Ensure Security of
the Information and Compliance with Applicable Privacy Laws.
ALPR data is confidential and shall not be shared or open to the public for review. ALPR data
may only be shared with other law enforcement or prosecutorial agencies for official law
enforcement purposes in accordance with this Policy. Data shall not be used for any non-work-
related purposes and all uses shall take into consideration the privacy, civil rights, and civil
liberties of individuals.
All information collected and stored as part of thelicense plate recognition system, including
ALPR data shall be closely safeguarded and protected by both procedural and technological
means and shall be securely stored in either (a) a specific secure location chosen by the City
Manager, or (b) a secured cloud-based server. Unless and until the information is requested by
law enforcement, and in accordance with the retention schedule in paragraph 8 below, only the
City Manager shall have access to the information.
Section 6.The purposes of, process for,and restrictions on, the sale, sharing, or
transferof ALPR data to otherpersons.
All ALPR data access requires a username and password for access that is available only to the
City Manager and authorized sworn RSO Officers. Access to ALPR data may be provided by the
City Manager to other law enforcement or prosecutorial agencies for official law enforcement
purposesonly.
Once ALPR data is obtained by a law enforcement agency, it shall become the property of that
agency, and the City of Lake Elsinore shall have no responsibility for that data and shall not be
required to maintain any copy thereof.
Section 7. The Title of the Official Custodian, or Owner, of the License Plate
Cameras responsible for implementing this Policy.
The City Manager shall be responsible for implementing this Policy.
Section 8.A Description of the Reasonable Measures that will be used to ensure
the Accuracy of License Plate Recognition Data and Correction of Data Errors.
The ALPR system shall be monitored and maintained by the independent contractor to ensure
functionality, reliability and functionality in accordance with specific terms and conditions of the
applicable agreement.
Section 9.The Length of Time the License Plate Image Data Will BeRetained, and
the Process Utilized to Determine if and when to Destroy Data.
ALPR data shall be stored ina secured cloud-based server for a minimum of thirty (30) days
andthen permanentlydeleted.
Section 10.Security Procedures to Protect ALPR Data.
The City Manager shall maintain reasonable security procedures including operational,
administrative, technical, and physical safeguards to protect ALPR image data from unauthorized
access, destruction, use, modification, or disclosure.
Section 11.Notice of Breach of Security.
In the event of a breach of security of license plate image data, the City will, pursuant to Civil
Code section 1798.29 (i)(3), provide notice of said breach by posting conspicuous notice thereof
on the City’s website for a minimum of 30 days, and by notifying major statewide media and the
Office of Information Security within the Department of Technology.
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Section 12.Effective Date.
This Resolution shall take effect from and after the date of its passage and adoption.
Passed and Adoptedat a regular meeting of the City Council of the City of Lake Elsinore,
rd
California, this 23day of February2021.
Robert E. Magee
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LAKE ELSINORE)
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2021-25was adopted by the City Council of the City of Lake Elsinore, California, at
the Regular meeting of March 23, 2021 and that the same was adopted by the following vote:
AYES:Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and
Mayor Magee
NOES:None
ABSENT:None
ABSTAIN:None
Candice Alvarez, MMC
City Clerk