Utah lawmakers are preparing a bill to strengthen privacy guardrails on automated license plate readers, also known as Flock cameras, months ahead of the legislative session. The proposed legislation comes amid ongoing discussions about how these technologies are used by law enforcement agencies across the state.
During a meeting Wednesday, Sen. Calvin Musselman, a West Haven Republican and chair of the Law Enforcement and Criminal Justice Interim Committee, stated that the focus is not on whether to permit the cameras on Utah roads. Instead, the bill is expected to implement additional regulations for various technologies used by law enforcement, including license plate cameras. Musselman recognized the value these cameras offer for law enforcement purposes but also acknowledged "legitimate concerns on privacy."
The push for new regulations follows expressions of concern from Utah leaders, including Gov. Spencer Cox, and advocates regarding instances of misuse across the country. Last month, Governor Cox indicated he was "deeply troubled" by the findings of an investigation conducted by the Utah Civic Compact. This investigation revealed that almost 97% of the searches made in Weber County’s Flock database originated from law enforcement agencies outside of Utah.
While automated license plate reader technology has been employed by law enforcement for years, recent concerns about misuse have arisen. Police officers in other states have faced accusations of using Flock camera data to track individuals they know, rather than for official job duties. Utah law currently restricts searches of license plate camera databases to active criminal investigations, outstanding warrants, searching for a missing or endangered person, or locating a stolen vehicle.
In response to these concerns, Governor Cox requested that the Utah Privacy Governing Board and the Utah Privacy Commission conduct a thorough review of all existing regulations concerning these cameras in Utah. The review also aims to investigate how local agencies are currently utilizing the technology. Cox stated during a recent PBS news conference that he would support legislation to correct any identified gaps in the current law. However, he also expressed his belief that the "legislation we have in place should allow us to protect people’s privacy."
Christopher Bramwell, Utah’s chief privacy officer, informed the committee that the Privacy Governing Board is working to gather facts objectively as part of its review. Bramwell noted the complexity of the task, citing discussions that often conflate what law enforcement is actually doing, what the system is capable of, and features that do not exist. He indicated that having clear facts about current practices versus potential capabilities would help alleviate pressure from various sides.
Bramwell further explained that this work is complex because license plate readers are used in contexts beyond law enforcement, such as in higher education institutions and by the Utah Inland Port Authority. He pointed out that Utah is unique in having a comprehensive government data privacy law, which is updated annually, but lacks a similar framework for cybersecurity. Bramwell suggested that some new requirements being considered for law enforcement might also make sense as generally applicable requirements.
Meanwhile, law enforcement leaders have appealed to keep the technology available in the state. The Utah Law Enforcement Legislative Committee (ULELC), a group representing organizations for chiefs of police, sheriffs, peace officers, and prosecutors, issued a statement affirming their commitment to using the technology responsibly. The ULELC wrote that they believe "the responsible use of ALPR technology is not a choice between public safety and individual rights. Utah can protect both."
