Institute for Justice Calls Flock Safety’s Proposed Reforms ‘Window Dressing’

ARLINGTON, Va.—Today, the Institute for Justice (IJ) released a statement responding to suggested “reforms” announced by automated license plate reader (ALPR) provider Flock Safety. 

“This is yet more window dressing,” said IJ Senior Attorney Robert Frommer. “Flock suggests that police departments limit their retention periods to 7 days, while admitting that decision is still entirely up to the police departments themselves. The company also suggests that police departments conduct their own audits, but as we’ve seen in our lawsuit against the city of Norfolk, Virginia, there can be no effective review of audit records when the people tasked with auditing are understaffed. And as a recent news story shows, agencies across the Old Dominion are failing to comply with state ALPR law. The police cannot police themselves; that’s why IJ is fighting in federal court so that courts and judges are put back in the driver’s seat.”  

“One word you do not see mentioned anywhere in Flock’s proposed reforms is the word ‘warrant,’ and until police are required to get a warrant based on probable cause to search ALPR databases, these half measures will do nothing to protect innocent people from warrantless mass surveillance,” said IJ Attorney Michael Soyfer. 

Through its Plate Privacy Project, IJ is engaged in strategic litigation, legislation, media outreach, and activism work to help everyday people push back against the warrantless use of ALPRs and other surveillance technologies. IJ has two active federal lawsuits challenging the warrantless use of ALPRs in Norfolk, Virginia and San Jose, California.