ALPRs: are they Right for your HOA?
Some homeowner's associations are installing license plate readers, a new method to provide private surveillance. However, it raises questions about privacy, data, and liability. Therefore, Condominium Associates goes into some detail about automated license plate readers and whether they are right for your HOA.
What are Automated License Plate Readers?
Automated license plate readers, also known as ALPRs, capture still images, not video. Artificial intelligence reads numbers and letters from the license plates for cataloging and retrieval purposes. Pictures also may include the make, year, model, and color of a vehicle—features that could prove useful when running a search. Depending on the angle of the camera, the vehicle's occupants may also be observable.
Law enforcement agencies have used this technology for several years. So, too, have "repo" companies on the lookout for delinquent vehicles to seize. The difference now is that ALPRs have become cheaper, more compact, and easier to install. Lately, they have been moving into private settings, such as businesses and community associations.
The latter group is considered a prime market because of the fears some owners have about crimes like burglaries and vehicle break-ins. Statistically, these categories of offenses have decreased in recent years— dropping by 7.2% for the first six months of 2018, compared to the same period in 2017, according to the latest FBI statistics. Still, losses from property crimes were estimated at $15.3 billion in 2017.
The theory behind ALPRs is that if community associations have actionable evidence, police departments will solve burglaries and other offenses. There has been significant evidence that ALPRs help police offices catch criminals.
Privacy Concerns with ALPRs.
There are privacy concerns with the technology, however, even among some community association members. Some ALPR companies leave it up to boards to decide whether owners can register their plates on a "safe list." This method ensures that residents' information is not passed along with the pictures submitted to authorities. The obvious problem with making such an exemption is that someone within a community association may go undetected if they commit the crime. However, someone from outside the community gets photographed, stored in the database, and potentially handed over to the cops.
Albert Gidari, consulting director of privacy at the Center for Internet and Society at Stanford Law School, says the most significant risk with ALPRs is the potential misuse of the collected data. Critics envision various worst-case scenarios. Here's one: Police could receive an inaccurate license plate reading and then pull over an innocent person. And another: what if a stalker uses data to spy on someone?
"What happens next is always the problem," Gidari says. "It's not the collection of the license plate; it's just how it's used, who has access to it, what they do with it—and who's going to be liable when it falls apart. Usually, it's the HOA, so they should check their insurance policies."
ALPRs in Florida
Law enforcement agencies are using an automated license plate reader (ALPR) technology throughout the nation. Many Florida law enforcement agencies have acquired, or are planning to accept, ALPR technology. ALPRs assist law enforcement agencies in detecting, identifying, and recovering stolen vehicles, wanted persons, missing or endangered children/adults, and persons who have committed serious and violent crimes. ALPR data can help detectives develop and pursue leads in criminal investigations by assisting in locating suspects, witnesses, and victims by identifying vehicles in the vicinity at the time of the crime.
It's essential to keep in mind that an ALPR may be used only to scan vehicle license plates affixed to public view. This regulation means only plates of vehicles traveling or parked on any street or highway or other public property, or visible from a place or location at which a law enforcement officer is lawfully present.
Contact Us
Still have questions on the regulations or the critical use of ALPRs? Don't hesitate to contact us!