California's Attorney General Rob Bonta is taking legal action against the City of El Cajon, alleging the city's police department has violated state law by sharing automated license plate data with federal and out-of-state law enforcement agencies. The lawsuit, filed today, highlights a tension between California's privacy laws and local law enforcement practices, particularly in the context of sharing data that could reveal sensitive personal information.
California legislation limits how data collected via Automated License Plate Reader (ALPR) systems can be utilized and shared, and who can access it. Despite clear directives and multiple warnings, the El Cajon Police Department has persisted in its data-sharing habits, caught in the crosshairs of a statewide effort to stem the flow of potentially sensitive information beyond its jurisdiction. According to the California Attorney General's Office, "When information about Californians leaves the state, we no longer have any say over how it is used or shared."
ALPR systems are powerful surveillance tools equipped with cameras that capture not only license plate information but also the associated location, date, and time. The critique falls not just on the breach of privacy but also on the potential uses and abuses of such data. Pointedly, concerns about federal or out-of-state law enforcement using this data for immigration enforcement or tracking individuals based on sensitive activities have arisen, underlining the weighing of balances of privacy and safety.
Last October, Bonta provided law enforcement agencies with a bulletin guiding the use of ALPR data, emphasizing that SB 34's definition of "public agency" does not extend to federal and out-of-state law enforcement bodies. However, the City of El Cajon has apparently continued to share this data with multiple law enforcement agencies across various states. Bonta's decision to file for a writ of mandate comes after exhaustive outreach to El Cajon's Police Chief, which has yet to cease the unlawful practice.
The petition for a writ of mandate that the Attorney General filed today seeks to enforce compliance with SB 34 and halt El Cajon's disputed data-sharing actions. The case is now set to proceed in San Diego County Superior Court.
