San Jose Police Department operates automated license plate readers under California Civil Code §1798.90 (SB-34) data security requirements and the city's Surveillance Technology Use Policy. SJPD must publish a use policy, retention schedule, and annual audit; misuse can trigger discipline and civil penalties.
California Civil Code §1798.90.5 et seq. (Senate Bill 34, 2015) requires every public agency operating Automated License Plate Reader systems to adopt and post a usage and privacy policy, secure ALPR data, restrict access to authorized users with audit trails, and limit data sharing. San Jose Police operate ALPRs under both SB-34 and the city's Surveillance Technology Use Policy ordinance, which adds Council approval, public reporting, and an annual audit. SJPD's published ALPR policy sets a defined retention period, prohibits ICE data sharing under SB-54, and limits access to investigative purposes. ACLU of Northern California and EFF actively monitor ALPR data flows and audit findings.
Officers or staff who misuse ALPR data face departmental discipline and prosecution under Penal Code §502. Civil Code §1798.90.54 lets individuals harmed by ALPR misuse recover actual damages, exemplary damages, and attorney fees in civil court.
San Jose, CA
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San Jose, CA
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