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Madison, WI Privacy & Surveillance: License Plate Readers (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
MGO § 23.63
Names ALPR
Yes: listed example of Surveillance Technology
Approval required
Common Council, via budget or resolution
Police data access
Immediate, for evidence of a crime
Reporting
Annual Surveillance Technology Report to Council

Summary

Madison names automatic license plate readers as regulated 'Surveillance Technology' under MGO § 23.63 and requires Common Council approval before any city department buys, funds or materially changes the use of an ALPR system. Departments must detail data retention, access controls and police data-sharing in a public resolution or budget request.

"Surveillance Technology" means any hardware, software, electronic device, or system utilizing an electronic device, owned by the City or under contract with the City, designed, or primarily intended, to collect, retain, process, or share audio, electronic, visual, location, thermal, biometric, olfactory or other personally identifiable information of members of the public for the purpose of surveillance. Surveillance Technology includes but is not limited to the following: cell site simulators; automatic license plate readers; gunshot detection systems; facial recognition software; gait analysis software; video cameras that record audio or video and can transmit or be remotely accessed; and remotely or autonomously flying aircraft systems equipped with remote video capabilities.

Full Breakdown

63, the Use of Surveillance Technology ordinance, defines 'Surveillance Technology' to expressly include 'automatic license plate readers' alongside cell-site simulators, gunshot detection systems, facial recognition and gait-analysis software, and remotely-accessible cameras and drones. 63(4)(a) requires the request go to the Common Council through the budget process or a resolution. That request must document, among other items, the circumstances requiring the technology, staff training protocols, who administers accounts and access, the process for revoking access when an employee no longer needs it, the time period recorded data will be retained under the department's records-retention policy, a commitment to provide the Madison Police Department 'immediate access to all data recordings that may constitute evidence of a crime, unless otherwise prohibited by law,' and a flat prohibition on using the technology to monitor the interior of private dwellings absent a court order.

The Council approves a request only if it finds community benefits outweigh privacy interests and that no less-invasive alternative exists. Departments using ALPRs or other covered technology must file an Annual Surveillance Technology Report listing their current inventory, how collected data has been used, how it has been shared with outside entities, and any complaints received. Three narrow exceptions bypass advance Council approval: federal property-disposition acquisitions, genuine public-safety emergencies (subject to after-the-fact approval within 30 days), and technical patches or upgrades needed to protect City infrastructure.

Violations & Fines

Section 23.63 governs City departments, not private citizens, so it carries no individual fine. A department that acquires or expands Surveillance Technology, including ALPR cameras, without Common Council approval is out of compliance; any material change in use not covered by the emergency, federal-disposition or technical-patch exceptions must go through the approval and annual-reporting process, and undisclosed data sharing outside that documented process is a policy violation the Council can act on.

Frequently Asked Questions

Does Madison's ordinance name license plate readers specifically?
Yes. § 23.63(2) lists 'automatic license plate readers' by name as one of the covered examples of Surveillance Technology, alongside cell-site simulators and facial recognition software.
Who has to approve a new ALPR camera system?
The Common Council. § 23.63(4) routes any department request to purchase, accept grant funding for, or materially change ALPR use through the City's budget process or a Council resolution before the technology can be used.
Does the ordinance say anything about sharing data with ICE or federal agencies?
The section requires departments to disclose, in their approval request and Annual Surveillance Technology Report, how Surveillance Data is shared with other entities, but § 23.63 itself does not name ICE or set a specific federal-sharing rule: that disclosure runs through the Council process case by case.

Sources & Official References

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