John Chigos, CEO of PlateSmart, advocates another solution. He believes LPR companies should get out of the database maintenance business entirely. "At PlateSmart we never touch the data," he says. "It flows directly from NCIC and state and local databases. We believe law enforcement should lock down its data and not allow it to be used for any other purposes."
So far there are no uniform policies regarding use of law enforcement LPR data and its retention, but the International Association of Chiefs of Police wants that to change. The IACP issued what it calls a "Technology Policy Framework" in January. This policy paper covers a variety of advanced law enforcement tools, including LPR, and it includes a nine-point statement of principles intended to help local agencies draft policy on such issues as privacy, transparency, data retention, and access to the data.
Experts say it would be a good idea for agencies that don't have such policies to get them in place quickly. Otherwise politicians may draft their policies for them.
Or the courts could do it. There have yet to be any significant court rulings specifically involving LPR. However, privacy advocates argue that the 2012 case of U.S. v. Jones that covers use of GPS tracking during investigations may apply, especially if law enforcement uses LPR to track a person's movements over an extended period of time.
Even if the use of LPR is regulated by policy, legislation, and the courts, it will likely remain a tool in the law enforcement kit. Privacy advocates like the ACLU admit that LPR used properly is a vital crime-fighting technology. And PlateSmart's Chigos says LPR is one of the best officer safety aids ever deployed by American law enforcement. "When making a stop (an officer with access to LPR data) knows if the vehicle is stolen or if it is the subject of a BOLO. That saves officer lives," he says.