Are Flock Cameras Legal? ALPRs and Your Privacy Rights

Law enforcement agencies and private property owners use automated license plate readers (ALPRs), including Flock cameras, to capture license plate information and assist with investigations. ALPRs are legal in the United States in many situations, but the rules depend on how the data is collected, stored, shared, and used.

The question of legality centers on debates over the Fourth Amendment’s protections against unreasonable searches and seizures. Josh Lee, a DUI attorney at The Lee Firm in Vinita, Oklahoma, believes these legal questions are far from settled.

“I think the next big legal frontier is going to be the fight over Flock cameras and automated license plate readers (ALPRs),” says Lee. “Especially in light of the U.S. Supreme Court’s recent decision in Chatrie v. United States over geofence warrants and Google location history.”

As license plate reader systems appear in more neighborhoods, parking lots, schools, and public roads, many people are asking: How much information are these cameras collecting about me? For personalized legal advice on how license plate reader data could affect your rights, speak with a civil rights attorney.

What Are Automated License Plate Readers (ALPRs)?

Automated license plate readers (ALPRs) are specialized cameras that record information about passing vehicles. Unlike standard surveillance cameras that capture continuous video, ALPRs use optical character recognition (OCR) technology to automatically read license plates and organize that information into searchable records.

The technology can gather a significant amount of information about a vehicle. They are designed to track the vehicle itself, and while an ALPR scan usually does not identify the driver from the image alone, the plate information can often be linked to a registered owner, and combined with other information to identify or locate people.

“I think now is the time for those concerned about civil liberties to raise the alarm about Flock cameras,” says Lee. “I’m not in support of Flock cameras in the way that they’re currently used.”

What Are Flock Cameras?

If you’ve noticed new cameras mounted at the entrance to your neighborhood or in a shopping center parking lot, there’s a good chance you’ve seen Flock cameras. Manufactured by Flock Safety, these automated license plate readers have become one of the most widely used ALPR systems in the United States.

Flock cameras are commonly installed by local governments, homeowners associations, businesses, schools, and property owners in places where vehicles regularly enter and exit. The systems are intended to assist law enforcement investigations by capturing information about vehicles.

Flock cameras are very effective at recording detailed information. In fact, says Lee, “If you go to Flock’s website, they actually brag about how many data points they collect. Flock Safety’s nationwide network logs over 20 billion individual data points per month.”

How do Flock cameras collect information? “Every car that drives by, they read the license plate and store it in a database,” explains Lee. “They get the color of your car, the make, model, the bumper stickers, and damage to the car. If they see somebody in a yellow shirt in the car, it logs a yellow shirt.”

Where Are Flock Cameras Located?

One reason automated license plate readers have drawn privacy concerns is that they can be placed in many locations without attracting much attention. Depending on the system, cameras may be installed along roadways, near neighborhood entrances, in parking lots, or on law enforcement vehicles.

Mobile ALPR systems allow officers to collect information while traveling through an area. Fixed cameras can continuously capture vehicles passing a specific location.

Lee points out that many drivers may not realize how often they encounter these systems. “Law enforcement can hide these inside things that look like construction barrels on the side of the road. They’re not; the cameras are inside that,” he says.

“They’re also on cars. So, as a police officer’s driving down the road, it’s recording every single tag number that passes. They can turn them sideways and drive through a parking lot and log every single car in the parking lot.”

How Are License Plate Reader Cameras Used?

Law enforcement agencies primarily use license plate reader systems as investigative tools. This information helps investigators identify vehicles connected to criminal investigations, missing persons cases, or stolen vehicles. In most cases, the technology identifies vehicles rather than the people driving them.

Many systems automatically compare scanned license plates against “hot lists” generated from law enforcement databases. These lists may include vehicles associated with wanted individuals, reported stolen vehicles, Amber Alerts, or other ongoing investigations. When a match is found, officers may receive an alert so they can respond quickly.

Depending on the jurisdiction, investigators may also search historical ALPR records to determine whether a particular vehicle was near a crime scene or traveled through a certain area before or after an incident.

Supporters say these capabilities improve public safety and community safety by helping solve crimes more efficiently and locate people who may be in danger. Lee agrees there can be appropriate uses for ALPRs, but highlights the potential for abuse.

“Let’s say someone steals your car. You can consent to the government taking and putting your tag number in their database and say, ‘Watch for this car.’ That’s your property. You have the right to consent to that,” he says.

“What you haven’t consented to is being tracked everywhere you drive past a Flock camera, so they can say, ‘Well, let’s find out what she’s been up to.'”

What Information Do ALPRs Collect?

The information ALPR cameras can collect is immense. The most commonly collected information includes license plate numbers, vehicle characteristics, location data, timestamps, and travel direction. Some cameras will also take a picture of the vehicle.

These cameras generally don’t record the driver’s identity or passenger identity by name from the scan alone. However, plate information can often be linked to a registered owner through motor vehicle records. They typically don’t include facial recognition, which is a different type of technology.

“The system tracks every passing vehicle’s make, model, color, license plate, and exact location,” says Lee. “It’s not just, you take your tag number off, no big deal. They’ve already recorded your bumper stickers, the make, the model, dents, issues with your car.”

How Long Is License Plate Reader Data Stored?

Data retention policies and procedures vary significantly among states. Data storage time depends on state law and the local agency’s policy.

Some agencies delete the data after a few weeks, while others wait months. Some agencies retain the information for much longer.

“Depending on policies and laws, they can keep it for years, sometimes five years,” says Lee. “And so, if I had access to the Flock cameras, I could find your tag number, type it in, and show everywhere you’ve been driving for the past one, two, three years. You’d be surprised how many of these things you drive by on a daily basis.”

Do License Plate Readers Violate Constitutional Rights?

Whether license plate readers violate constitutional rights doesn’t have a simple yes-or-no answer. Much of the legal debate centers on the Fourth Amendment to the U.S. Constitution, which protects people against unreasonable searches and seizures by the government.

Courts have generally held that drivers don’t have a reasonable expectation of privacy in a license plate that’s visible to anyone on a public road. For that reason, simply observing or photographing a license plate usually isn’t considered a search under the Fourth Amendment.

The harder question is whether technology changes the analysis. Modern ALPR systems can collect and retain information about where a vehicle has traveled over time, allowing investigators to reconstruct portions of a person’s movements.

As surveillance technology becomes more sophisticated, courts continue to evaluate how longstanding constitutional principles apply to large-scale data collection and prolonged electronic monitoring.

What Privacy Concerns Do Critics Raise?

Those who oppose ALPR and Flock cameras most often voice privacy concerns. Once installed, there is the potential for the system to be used for mass surveillance. Critics voice concerns about the potential for long-term location tracking, data sharing, and cybersecurity risks.

There is also a concern about data collection on people who are not suspected of a crime. The information gathered could be used to create suspicion or judgment that someone might commit a crime before they actually do. The system can also raise accuracy or misinformation concerns that place innocent people under investigation by law enforcement.

Lee lists several scenarios of how, armed with Flock camera data, law enforcement could violate people’s privacy rights.

“With this trove of data, I could say, ‘Oh, well, what were you doing at this particular political rally?’ Or, ‘What are you seeing this psychiatrist for? I see you over by their place a lot.’ Or, ‘I’ve seen you over by this immigration attorney’s office a lot.’ Or, ‘Hey, why are you down at this town 30 miles south of you every Friday and Saturday night? You have a boyfriend down there? What’s going on?’ I mean, it’s just too much.”

Can You Find Out If Your Vehicle Was Captured?

You may or may not be able to find out if and what information is captured by your local ALPR cameras.

State public records laws, law enforcement policies, and potential disclosure exceptions can impact your ability to get answers. Ongoing investigations can also impact your ability to gain insight.

Learn About Your Rights

Automated license plate readers and Flock cameras have become part of everyday life in many communities, but the legal questions surrounding them continue to evolve. If license plate reader data is connected to your criminal case, civil matter, or constitutional rights, understanding how the law applies to your situation can make a meaningful difference.

Use the Super Lawyers directory to find an experienced civil rights attorney who can evaluate your case and protect your rights.