BILL NUMBER: SB 893	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill

                        JANUARY 13, 2014

   An act to add Title 1.81.23 (commencing with Section 1798.90.5) to
Part 4 of Division 3 of the Civil Code, relating to personal
information.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 893, as introduced, Hill. 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
recognition (LPR) 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 prohibits the department from selling the
data or from making the data available to an agency that is not a law
enforcement agency or an individual that is not a law enforcement
officer.
   Existing law authorizes the department to use LPR data for the
purpose of locating vehicles or persons reasonably suspected of being
involved in the commission of a public offense, and requires the
department to monitor the internal use of the data to prevent
unauthorized use and to submit to the Legislature, as a part of the
annual automobile theft report, information on the department's LPR
practices and usage.
   This bill would impose similar restrictions on a person, as
defined, that operates an ALPR system by prohibiting the sale of ALPR
data, and otherwise prohibiting a person from sharing the data,
except with a law enforcement agency or officer, as specified. This
bill would provide that ALPR data retained for more than 5 years may
be accessed only for law enforcement purposes, pursuant to a warrant
or other court order. It would authorize an individual whose
information is sold or disclosed in violation of these provisions to
bring a civil action and would entitle the individual to recover any
and all consequential and incidental damages, including all costs and
attorney's fees.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Title 1.81.23 (commencing with Section 1798.90.5) is
added to Part 4 of Division 3 of the Civil Code, to read:

      TITLE 1.81.23.  CONFIDENTIALITY OF LICENSE PLATE INFORMATION


   1798.90.5.  (a) The following definitions shall apply for purposes
of this title:
   (1) "Automated license plate recognition system" or "ALPR system"
means a system of one or more mobile or fixed high-speed cameras
combined with computer algorithms to convert images of registration
plates into computer-readable data.
   (2) "Person" includes a law enforcement agency, government agency,
private entity, or individual.
   (b) A person that operates an ALPR system shall not sell ALPR data
for any purpose.
   (c) A person that operates an ALPR system shall not make ALPR data
available to an agency that is not a law enforcement agency or an
individual who is not a law enforcement officer. The data shall not
be shared for any purpose other than providing for public safety,
conducting criminal investigations, and ensuring compliance with the
law.
   (d) ALPR data that has been retained for more than five years may
be accessed only for law enforcement purposes, pursuant to a warrant
or other court order.
   1798.90.51.  An individual whose information is sold or disclosed
in violation of this title may bring a civil action and shall be
entitled to recover any and all consequential and incidental damages,
including all costs and attorney's fees.