Law-enforcement technologyLicense plate scanners in Canada under fire from privacy commissioners

British Columbia’s privacy commissioner is not happy about the way police departments are using their license-plate scanners.

In a report released last week, Commissioner Elizabeth Denham said changes must be made to the Victoria police department’s Automated License Plate Recognition Program (ALPR), after it was discovered that the program could be used as a surveillance tool.

The Vancouver Sun reports that the issue with the program is the data that agencies receive which does not lead to any suspicion of criminal activity. Denham’s investigation began after the three people complained about the ALPR and its potential use as a tracking device.

Other law enforcement agencies, such as the Vancouver and Abbotsford Police, could also be affected as the report could mean stricter laws which would prevent police from keeping information on drivers with no criminal history.

The program uses specialized cameras mounted on squad cars which photograph and record license plate numbers as well as the time and location.

The ALPR system compares the information received to a database of plate numbers in the Royal Canadian Mounted Police (RCMP) system called an “alert listing.” The listing may include the plate number of a stolen car, or the number of a car owner who may be wanted for a crime.

When there is a match between a plate number and the database, it is considered a “hit,” if there is no match it is considered a “non-hit.”

The data is deleted after half an hour if there is no match, but the RCMP was considering holding the information longer.

According to Denham, any extended use of the information is illegal and the non-hit data sent to the RCMP is not compliant with privacy laws.

“This information is not serving a law enforcement purpose and therefore, VicPD cannot disclose it to the RCMP,” Denham told the Vancouver Sun.

Denis Boucher, head of the RCMP E Division Traffic Services, said in a statement that the Denham report contains “inaccurate information in regards to the ALPR system which we will address with the privacy commissioner.”

Boucher maintained that the technology is a valuable tool to detect criminal activity that would otherwise go undetected.

“This includes, but is not limited to, detecting prohibited and unlicensed drivers, uninsured motor vehicles, wanted persons, parole violators, persons violating bail conditions and Amber Alerts, to name a few.”

Boucher also told the Sun the non-hit data is “not used in any way, shape or form” and is deleted from the system as soon as it is transferred to the RCMP server.

Denham wants the ALPR system changed so that information is deleted immediately after the system determines that there is no match with the “alert list.”

“Collecting personal information for traffic enforcement and identifying stolen vehicles does not extend to retaining data on the law-abiding activities of citizens just in case it may be useful in the future,” Denham told the Sun.

Chief Jamie Graham defended the program. “This technology is especially helpful in detecting prohibited drivers, uninsured vehicles and invalid license plates,” Graham said in a statement.

Brian Montague of the Victoria police said the department will review the commissioner’s report before commenting on whether the police will consider handing the information the RCMP.