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The Republican chairman of the Senate Law and Justice Committee announced Thursday that he intends to introduce legislation that would ban the use of Flock cameras due to complaints from constituents about privacy concerns over the use of the technology.
"Some of these systems do much more than record what happens in a public place," said Sen. Daniel Laughlin, R-Erie. "They automatically identify vehicles, catalog their movements and enter that information into a searchable network. That makes it possible to track and reconstruct where a person has traveled over time, even when that person has done nothing wrong."
Automated license plate reader systems are often promoted as tools to locate stolen vehicles and assist with criminal investigations. However, some systems also automatically capture, catalog and retain information about where vehicles travel. The overwhelming majority of individuals captured by these systems are not suspected of any crime.
ALPR systems are often promoted as tools to locate stolen vehicles and assist with criminal investigations. However, some systems also automatically capture, catalog and retain information about where vehicles travel. The overwhelming majority of individuals captured by these systems are not suspected of any crime.
There are more than 2,500 Flock cameras in place in Pennsylvania, according to online groups tracking the use of the technology through reports from members of the public.
Laughlin pointed to the COVID-19 era as a warning about how such a network could be used during a future emergency. During the pandemic, government officials imposed lockdowns, travel restrictions and quarantine requirements that limited where people could go and what they could do, he said.
If Flock cameras and similar technology had been in use at the time, government officials could have used it to enforce COVID restrictions, including tracking where they traveled and when they returned, Laughlin said.
"Regardless of how someone felt about those restrictions, we should all recognize the danger of creating a system with that capability. Once the surveillance network is built, there is no guarantee it will only be used in ways we find acceptable today," he said.
Information collected by these systems could reveal where someone works, worships, receives medical care, spends personal time and who they associate with, Laughlin said.
The legislation has not yet been introduced, but Laughlin said the bill will not bar the use of ordinary security cameras and it would still allow police to use vehicle-mounted license plate readers.
"Public safety is a responsibility we all take seriously, but it should not require building a surveillance network capable of tracking the daily movements of millions of innocent individuals," Laughlin said. "There is a clear difference between an officer using a license plate reader during police work and a permanent network collecting information about everyone who passes by."
Laughlin's announcement comes as at least the third Flock-related proposal announced by Pennsylvania state lawmakers in the last month.
Laughlin is the first to call for a full ban on the use of the technology, though.
Two Republicans in the state House announced July 29 that they intend to introduce legislation setting guardrails on how Flock cameras are used.
Separately, a bipartisan group of House members said on Aug. 10 that they too are crafting legislation aimed at adding privacy safeguards in the way Flock are employed and adding penalties for misuse of the technology.
Neither of those bills has been introduced yet.
In a statement, Flock said the company would "welcome the opportunity to work with Pennsylvania lawmakers on legislation that includes real accountability and oversight rather than a prohibition on the tool itself."
Legislation in other states
Scrutiny over the use of automated license plate readers has prompted policymakers around the country to consider limits on the use of the technology. However, no state has completely banned the use of the technology.
Officials in Georgia are moving to establish a task force of police chiefs, sheriffs and legislators to examine whether the state needs more aggressive protections against misuse of automated license plate readers.
The Republican governors in West Virginia and Florida also both called for action in those states to rein in misuse of the technology. The press office of Pennsylvania Gov. Josh Shapiro did not immediately respond when asked Thursday whether the governor would like to see restrictions on the use of automated license plate readers or if he supports Laughlin's ban bill.
But enforcement of state restrictions can be difficult because police in other jurisdictions can access the footage.
Utah limits the use of Flock cameras to just four instances, including: as part of an active criminal investigation, to search for someone with an outstanding warrant, to locate a missing person or to find a stolen vehicle. However, reporting in that state found that many of the searches of camera footage in Utah were being done by law enforcement in other states, leaving officials with no way of knowing exactly why the footage was being reviewed.