Collecting Data for Government Use
and It’s Limits
LPR Technology: A Closer Look
CWAG Data Security & Privacy Conference
Ritz-Carlton, Kapalua
Maui, Hawaii
Hemanshu Nigam
CEO | Founder
SSP Blue
October 3, 2013
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About SSP Blue
Product | Policy | PR
• SSP Blue is the leading strategic business consulting firm for online Safety,
Security, and Privacy (“SSP”) challenges facing corporations and
governments worldwide with over 75 years of combined experience in
SSP. Our services span from Product to Policy to PR.
• Engaged by clients to help them create Safety, Security, and Privacy by
Design
• Appointed by State AG as independent examiner for safety, security, and
privacy
• Specialize in building Safety, Security, and Privacy into Products, Policies,
and Public Affairs programs
SSP Blue’s Unique “RDRI” Process
Review
Diagnose
Recommend
Confidential | Attorney-Client Privileged
Implement
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Our Clients
Confidential | Attorney-Client Privileged
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What is LPR
Picture of the License Plate
WASHINGTON, DC
AA
0000
GPS Coordinates
Time Stamp
(Where Photo Was Taken)
(When Photo Was Taken)
39.49119667500000
-74.49599257280000
7:38 PM CST
5/30/2013
NATION’S CAPITAL
• A system of hardware and software that allows cameras to ‘read’ license
plates on a vehicle and stamp a GPS coordinate at the time of reading
• The license plate number and coordinates are stored in a searchable
database
• The owner of vehicle cannot be identified by ALPR technology
Confidential | Attorney-Client Privileged
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Who Uses LPR
• Private Sector use
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Repossession Companies
Financial Institutions - Auto Loans / Lease Companies
Auto Insurance Carriers
Government Clients
Parking Authority
Security of Facilities
• Law Enforcement use
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Patrol Officers
Detectives
Special Units – Gang & Organized Crime, Narcotics, SVU
Federal
Confidential | Attorney-Client Privileged
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Private Sector Use
• Examples about how the following verticals use LPR:
– Financial Institutions - Auto Loans / Lease Companies
• Locate and repossess vehicles
• Prevent breach of peace issues
• Ensure “CFPB” compliance
– Auto Insurance Carriers detect insurance fraud involving rate evasion and fraudulent
damage claims
– Government
• Revenue recovery via collections against child support defaulters
– Parking Authority
• parking enforcement & traffic flow monitoring
– Security of Facilities
• protect critical infrastructure such as train stations, airports, water treatment
plants, datacenters, and manufacturing plants.
• access control to private residential communities
• access control to places of employment
Confidential | Attorney-Client Privileged
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Law Enforcement – A Closer Look
70% OF ALL CRIMES INVOLVE A VEHICLE (IACP)
•
Law Enforcement use – connecting investigators around the nation, solving more crimes
– Patrol Officers: receive real-time alerts in the field on vehicles for interdiction efforts,
situational awareness for officer safety
– Detectives: use historical LPR data to help exonerate or confirm persons of interest,
identify potential witnesses or suspects, locate suspects and fugitives
– Gang & Organized Crime: identify locations and patterns of known gang members and
identify possible associates
– Narcotics: identify potential vehicles used to transport cash/drugs, identify associates
– SVU: monitor registered sex offenders hotlist for proximity to schools/playgrounds and
identify potential abduction hot spots
– Federal: locate fugitives, immigration control, terrorism investigations, postal crimes
– Child crime investigators
• Historical ALPR data provides critical intel of prior known whereabouts of child
abductors
– Silver Alert or Other At-Risk Missing Person
• At risk missing persons due to health or mental capacity issues (eg, suffering from
Alzheimer’s, insulin dependent diabetic, etc)
Confidential | Attorney-Client Privileged
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Law Enforcement – A Closer Look (2)
How is LPR
technology used by
law enforcement?
• Aug 2012 – LPR data helps MD state police recover abducted child
• Sept 2013 – historical LPR data helps El Cajon, CA police to locate at risk
adult who needed immediate insulin
• May 2013 – historical LPR data used to identify interstate drug cartel ring
Confidential | Attorney-Client Privileged
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The Positives of LPR
Over 87% of agencies reported that LPR assisted in solving Part
1 Major Crimes (NetChoice survey)
• “Historical” LPR data is a necessity – major crimes have long
statute of limitations and deletion of data gives a “get out of
jail” card to suspects
• Major crimes solved like rape, murder, child abduction,
human trafficking, and terrorism
• Unintended consequence of banning use of LPR data –
criminals given a safe haven
Over 60% of agencies reported that LPR assisted in saving lives
(NetChoice survey)
Confidential | Attorney-Client Privileged
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The Positives of LPR (2)
Confidential | Attorney-Client Privileged
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Controversy Around the Use of ALPR
• Concerns about possible privacy problems or stalking
• Some basic facts
– Vehicle owners do not have an expectation of privacy in
license plate numbers
– ALPR data is anonymous
– ALPR data cannot be connected to personally identifiable
information without proper authority
– ALPR data abuse governed by federal, state, and local laws
Confidential | Attorney-Client Privileged
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Exposing the Myths
Easy to raise privacy issues but must be grounded in facts and
laws, and be technically accurate
• DOES NOTS and CANNOTS
– LPR cameras cannot identify people’s faces
– LPR data does not identify an individual and does not include Personally
Identifiable Information (“PII”)  Anonymous Data.
– LPR technology does not know the driver or occupants of a car.
– Unlike GPS devices ALPR technology does not and cannot trace all movements
of a car
– A police officer or analyst cannot search by name, race, sex, social security
number, driver’s license or any other query other than a license plate number
• DOES
– LPR technology does take “snapshots” of where and when a license plate was
photographed
– LPR data connected to PII does have limitations to access set by the DPPA.
Confidential | Attorney-Client Privileged
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Clarifying the Myths (2)
Confidential | Attorney-Client Privileged
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The Truths
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A license plate is comprised of alpha numeric characters which is anonymous
because it does not contain Personally Identifiably Information (“PII”).
Legislation in every state requires that a license plate be attached to every motor
vehicle and must be publicly visible.
Because state law requires that a license plate be publicly visible, the U.S. Supreme
Court has ruled that there is no expectation of privacy in a license plate.
When in public spaces where you are lawfully present you have the right to
photograph anything that is in plain view. That includes pictures of federal
buildings, transportation facilities, police, and license plates.
ALPR technology photographs license plates in public spaces and in plain view.
An ALPR photograph of a license plate does not identify an individual and does not
contain Personally Identifiably Information (“PII”), and is therefore by definition anonymous data.
Access to the DMV data necessary to remove anonymity from LPR data is already
strictly controlled by the federal Drivers Privacy Protection Act (“DPPA”).
Reports of the risks of LPR data being used to track a boss, ex-wife, significant
other, colleague, friends, enemies, neighbors, or family are unfounded
The data show that LPR helps to solve crimes and save lives
Confidential | Attorney-Client Privileged
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Looking Forward…
Is your state considering LPR legislation?
• Goal– provide comprehensive uniform privacy protections
while ensuring the viability of ALPR as a critically important
law enforcement tool to prevent and solve crimes, while
protecting the community and those who protect it.
• Preserve and promote use of LPR data to help solve crimes
and save lives.
• Enact uniform privacy protections, by extending Federal
Drivers Data Privacy Law to cover all LPR Data — no matter
where or by whom the data is held.
Confidential | Attorney-Client Privileged
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THANK YOU
hnigam@sspblue.com
310.909.6757
www.sspblue.com