In Coral Gables, Florida, a judge refused to dismiss a lawsuit over the city’s use of automated license plate readers to scan license plates. This technology has faced a number of lawsuits over concerns about the collection and storage of data. The Coral Gables lawsuit stemmed from a Miami suburb resident who filed a request with the city to see what information it had on her movements. That resident discovered that the city had over 80 pages of documents and images showing him at various locations around town.

The American Civil Liberties Union (ACLU) says that this technology is concerning because its feeding data about individuals into gigantic databases filled with billions of private details about those individuals’ movements, associations and patterns of life. Further, those databases do not have strong safeguards for protecting that data, nor judicial oversight or retention limitations. With the rise in data breaches across the country, there is also a high risk for this data to end up in the wrong hands.

Many cities across the U.S. are using this automated license plate reader technology. In order to combat some of the inherent issues with this type of data collection, experts recommend that the cities and towns that install this technology be transparent with residents, limit the type of activity that will trigger alerts and data recordings, as well as only store the data for a short amount of time. For example, in Maryland, over a six-month period, these scanners scanned 29 million license plates but only 0.2 percent of them were flagged for illegal activity.

This may be the time to push for new laws related to automatic license plate readers or, at the very least, the databases that house this sensitive data.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.