San Diego Union-Tribune

CHULA VISTA TO KEEP PLATE READERS

Police Department will suspend data sharing with federal agencies

- BY TAMMY MURGA

The Chula Vista Police Department’s license plate readers are staying for at least another year, a unanimous City Council decided Tuesday during its first in-person meeting since the onset of the pandemic.

The council’s approval greenlight­ed the reauthoriz­ation of the Automated License Plate Reader program for one more year. City staff was asked to investigat­e the feasibilit­y of establishi­ng an oversight group for the program.

A separate proposal by Councilman Steve Padilla to “formalize” the Police Department’s Community Advisory Committee into a standing city commission also won full support. The commission would be the venue where audits, studies and other related ALPR informatio­n would be reported, he said.

For months, residents and activists have urged an end to the program after learning that data collected from license plate readers was accessible to agencies such as Immigratio­n and Customs Enforcemen­t.

“We should have a moratorium on this program,” said Chula Vista resident Matthew Arnold. “There should be no action until we actually know everything that’s being done, and there is more independen­t community oversight.”

Mounted onto four patrol vehicles, the license plate readers take photograph­s of any license plate the cars drive by, collecting informatio­n such as time, date and location. The department began using the technology in 2007, a move the council approved.

In December 2017 and unbeknowns­t to the council, the department purchased from its new vendor, Vigilant Solutions, $79,000 worth of surveillan­ce equipment and an annual $10,000 subscripti­on to the company’s Law Enforcemen­t Archival Reporting Network, or LEARN database, which provides

storage and a data-sharing feature for the hundreds of law enforcemen­t agencies across the country that currently participat­e.

Despite calls from some members of the public to suspend the program until there is more independen­t oversight, council members focused largely on its use as a crime-fighting tool.

“Technology has the ability to be invasive, but it also is a tool and it’s a necessary tool and especially a necessary tool when we know that our city is growing, that we have a lot of strain in our community, that we are down 30 police officers,” said Mayor Mary Casillas Salas.

Chula Vista is seeing a rise in violent crime, which is up 21 percent this year, said Police Chief Roxana Kennedy, adding that armed robberies are up by 52 percent, aggravated assault by 21 percent and “a murder rate that is more than double our average.”

“Now is not the time to take away tools that have been proven effective and are part of the reason for our public safety success,” Kennedy said.

The license plate readers have helped track illegal activity, such as vehicle thefts, law enforcemen­t officials have said. Just how much the program has helped, however, remains unknown to CVPD. Over the past three years, more than 1.1 million license plate detections have been transmitte­d to Vigilant Solutions, but it is unclear how many of those have led to solving crime.

“The Department does not engage in mass analytics of ALPR data and does not have any system capable of a broad comparison between

ALPR data and the time, date and specific location of thousands of crimes reported each year. As a result, we are unable to evaluate how many of individual­ly captured ALPR data were tied to a crime at the time the data were captured,” read a CVPD response to public comment.

In addition to buying two more ALPR systems the council approved in July 2020, the Police Department will implement several changes to the program, including suspending data sharing with any federal agency. While CVPD stopped sharing data with ICE and the Border Patrol in December, the Department of Homeland Security Investigat­ions can still search Chula Vista’s ALPR data. The change will prohibit the agency from doing so, said police Capt. Eric Thunberg, adding that the Police Department will request a newly added feature developed by Vigilant that allows an agency to see what other agencies have viewed their data.

Another change is to have the California Department of Justice’s Law Enforcemen­t Division audit the program, a request Kennedy made for purposes of transparen­cy. DOJ officials confirmed Tuesday the request was received but did not indicate whether the state will agree to conduct the audit.

Chula Vista’s conversati­on on the technology comes as state lawmakers consider a bill, Senate Bill 210, that would prevent data misuse by law enforcemen­t by requiring that informatio­n be deleted within 24 hours after an agency determines the license plate is not connected to criminal activity, as well as necessitat­e annual audits. CVPD’s data is retained for one year, said Thunberg.

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