Santa Clara County, CA Privacy & Surveillance: License Plate Readers (2026)
Key Facts
- Board approval
- required for higher-risk ALPR use
- Exigent-use report
- Sheriff must report within 15 days
- Annual disclosure
- Surveillance Report goes to the Board
- Enforcement
- injunctive relief only after 90-day notice
- Attorney's fees
- capped at $7,500
Summary
Unincorporated Santa Clara County requires Board of Supervisors approval before any county department acquires or uses automated license plate readers, with a public Surveillance Use Policy governing data retention and third-party data sharing.
Each County department other than the Office of the Sheriff and the Office of the District Attorney must obtain Board approval at a properly noticed public meeting before any of the following with respect to higher-risk surveillance technology... Examples of surveillance technology include, but are not limited to, drones with cameras or monitoring capabilities, automated license plate readers (ALPRs)...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Division A40 of the county ordinance code treats ALPR/Flock-style cameras as regulated surveillance technology. Before the Sheriff's Office or any other county department acquires, funds, or expands ALPR use in unincorporated Santa Clara County, it must classify the risk level, adopt a public Surveillance Use Policy covering data retention limits and third-party data-sharing justifications, and get Board of Supervisors approval at a noticed meeting for higher-risk deployments. The Sheriff may act first only under a narrow exigent-circumstances exception, then must report the use to the Board within 120 days and file the required policy, including any federal data-sharing terms, for public review.
Violations & Fines
No private right to sue for damages. After 90 days' written notice of a violation, a resident can seek a court injunction and, if the county acted arbitrarily, capped attorney's fees up to $7,500.
Frequently Asked Questions
Does unincorporated Santa Clara County use ALPR or Flock cameras?
Can the county share ALPR data with ICE or other federal agencies?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California privacy & surveillance overview
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