Collecting Data for Government Use and It’s Limits LPR Technology: A Closer Look CWAG Data Security & Privacy Conference Ritz-Carlton, Kapalua Maui, Hawaii

Collecting Data for Government Use and It’s Limits

LPR Technology: A Closer Look

CWAG Data Security & Privacy ConferenceRitz-Carlton, Kapalua

Maui, HawaiiHemanshu Nigam

CEO | FounderSSP Blue

October 3, 2013

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About SSP BlueProduct | Policy | PR

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• 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

Confidential | Attorney-Client Privileged

Our Clients

4Confidential | Attorney-Client Privileged

What is LPR

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• 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


WASHINGTON, DC

NATION’S CAPITALAA 0000

Picture of the License Plate GPS Coordinates(Where Photo Was Taken)

39.49119667500000-74.49599257280000

Time Stamp(When Photo Was Taken)

7:38 PM CST5/30/2013

Who Uses LPR

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• Private Sector use – Repossession Companies – Financial Institutions - Auto Loans / Lease Companies – Auto Insurance Carriers – Government Clients– Parking Authority – Security of Facilities

• Law Enforcement use – Patrol Officers– Detectives – Special Units – Gang & Organized Crime, Narcotics, SVU– Federal


Private Sector Use

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• 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


Law Enforcement – A Closer Look

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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)


Law Enforcement – A Closer Look (2)

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• 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


How is LPR technology used by law enforcement?

The Positives of LPR

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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)


The Positives of LPR (2)


Controversy Around the Use of ALPR

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• 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


Exposing the Myths

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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.


Clarifying the Myths (2)


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


Looking Forward…

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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.


THANK YOU

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www.sspblue.com

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http://www.sspblue.com/

Documents

Collecting Data for Government Use and It’s Limits LPR Technology: A Closer Look CWAG Data Security & Privacy Conference Ritz-Carlton, Kapalua Maui, Hawaii