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H.F. No. 474 - (S.F. No. 385) Automated License Plate Reader Data
 
Author: Senator Bobby Joe Champion
 
Prepared By:
 
Date: March 27, 2014



 

This bill classifies and regulates the use and retention of data related to automated license plate readers. S.F. 385 was passed by the judiciary committee last session. Pursuant to rule 45, the language from S.F. 385 was amended onto H.F. 474, which is currently before the committee.

Section 1 adds a new subdivision to the law enforcement data statute governing automated license plate readers.

Paragraph (a) defines “automated license plate reader.”

Paragraph (b) provides that data collected by a reader are confidential or protected nonpublic if the data are or become active criminal investigative data.

Paragraph (c) provides that if the data are not classified under paragraph (b), the data are private or nonpublic.

Paragraph (d) requires data to be destroyed 90 days from the time of collection, if the data are classified under paragraph (c); or upon request of a participant in the Safe at Home Program, at the time of collection or upon receipt of the request, whichever is later, unless the data are active criminal investigative data.

Paragraph (e) requires a law enforcement agency that installs or uses a reader to maintain a log of its use. Data in a log are public.

Paragraph (f) requires the law enforcement agency to maintain records showing the date the data are collected and how they are classified. The Department of Public Safety must conduct a biennial audit of the records.

Paragraph (g) requires a law enforcement agency to comply with section 13.05, subdivision 5 (data protection requirements) and section 13.055 (disclosure of breach in security of data requirements) in the operation of automated license plate readers and access to the data.

An immediate effective date is included, along with data destruction requirements applicable to data collected before the effective date.

Note that automated license plate reader data are currently subject to a temporary classification issued by the Department of Administration, which makes license plate numbers, date, time, and location data on vehicles, and pictures of license plates, vehicles, and areas surrounding vehicles private or nonpublic data.

 
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