NJ Attorney General Revises ALPR Directive
November 15, 2022 - Posted by Ed Esposito
In late October, the NJ Attorney General issued Law Enforcement Directive 2022-12, which will revise law enforcement’s use of Automated License Plate Recognition (ALPR) technology beginning January 23, 2023. This article will summarize the changes that will have an impact on law enforcement’s use of this technology to solve and prevent crimes. The new directive condenses portions of the previous policy, and it also enables the sharing and standardization of ALPR data statewide. As a reminder, the use of ALPRs including the access and use of data generated by an ALPR is only for official and legitimate law enforcement purposes as outlined in the directive. The directive continues to balance the needs of law enforcement while safeguarding the privacy of our citizens by limiting access to personal identifying information associated with a vehicle’s license plate unless there is a particularized basis.
To improve oversight and information sharing, an ALPR Coordinator will be designated at the state, county and agency level. The law enforcement executive of each agency using an ALPR or its data shall designate an Agency ALPR Coordinator. It is important to note that the revised directive makes it clear that even if your agency does not have APLRs, an Agency ALPR Coordinator must still be designated if your agency will be using ALPR data.
The new policy also requires the use of the statewide application program interface, referred to as the “Statewide API” (API). The API is software that will make ALPR data accessible in a standard format throughout the state with no need for additional agreements between agencies. The State ALPR Coordinator is responsible for implementing the API. They will also specify the method by which all ALPRs used by NJ agencies must provide real-time access to ALPR data through the API. Going forward, all ALPR systems must be programmed to capture data parameters and meet minimum requirements for accuracy and performance as specified by the State ALPR Coordinator.
The State ALPR Coordinator will design and disseminate training on ALPR technology, which will be a prerequisite for using ALPRs and accessing ALPR stored data. The Agency ALPR Coordinator will oversee the agency’s ALPR program, including training and approving access requests. All authorized ALPR users must complete refresher trainings every two years, as determined by the State ALPR Coordinator.
Agency ALPR Coordinators will be required to deconflict with the County and State ALPR Coordinator about deployment locations to avoid duplication of efforts. The following data must be shared with the State ALPR Coordinator prior to installing or relocating a permanent fixed ALPR unit: camera name, location (latitude and longitude) and a survey provided by ALPR vendor, which must include the projected size of ALPR data. When deploying or relocating a portable fixed ALPR unit (ie. an ALPR mounted on a portable trailer that can be relocated), agencies must provide updated latitude and longitude data to the State ALPR Coordinator. Finally, agencies are required to maintain the following information for each ALPR they own or operate: the date and time deployed, if the unit is portable or fixed, the identity of operator, the name of the ALPR vendor and the date the ALPR data connected to the API (for agencies that house ALPR data).
The revised directive requires an audit to be completed by the Agency ALPR Coordinator no later than January 31st of each year. The audit must be provided to the County and State ALPR Coordinator, who are authorized to conduct an audit of an agency’s ALPR program at any time. Each agency’s audit must certify that the agency has an ALPR policy in place, only authorized users have accessed ALPR data, the date of each authorized user’s last ALPR training, completion of a random survey of ALPR accesses revealing no misuse and a description of any known significant violations and citizen complaints. If there were significant violations or citizen complaints found, the audit must include whether they have been forwarded to the County Prosecutor or DCJ Director. The State ALPR Coordinator has to publicly report the list of agencies that have completed audits, and the number of significant violations and citizen complaints reported by each agency no later than March 31st of each year.
Notable changes were also made to the retention and release of ALPR data and records. The retention period has been reduced from five years to three years. Also, if ALPR data is accessed as part of an investigation (including but not limited to a BOLO query, a crime scene query, or crime trend analysis) a record of the access, which may be automated, and corresponding data shall be included in the agency’s investigative file (electronic or physical). If the investigation results in criminal charges, the ALPR records shall be turned over in discovery pursuant to applicable court rules and case law.
Remember, stored ALPR data must still be treated as “criminal investigatory records,” and shall not be shared with or provided to any person, entity, or government agency other than a law enforcement agency, unless a subpoena or court order authorizes such disclosure or unless such disclosure is required by court rules governing discovery in criminal matters. If an agency receives such a request, they must provide notice to the County Prosecutor or Director of DCJ before complying with the subpoena or court order.
In late October, the NJ Attorney General issued Law Enforcement Directive 2022-12, which will revise law enforcement’s use of Automated License Plate Recognition (ALPR) technology beginning January 23, 2023. This article will summarize the changes that will have an impact on law enforcement’s use of this technology to solve and prevent crimes. The new directive condenses portions of the previous policy, and it also enables the sharing and standardization of ALPR data statewide. As a reminder, the use of ALPRs including the access and use of data generated by an ALPR is only for official and legitimate law enforcement purposes as outlined in the directive. The directive continues to balance the needs of law enforcement while safeguarding the privacy of our citizens by limiting access to personal identifying information associated with a vehicle’s license plate unless there is a particularized basis.
To improve oversight and information sharing, an ALPR Coordinator will be designated at the state, county and agency level. The law enforcement executive of each agency using an ALPR or its data shall designate an Agency ALPR Coordinator. It is important to note that the revised directive makes it clear that even if your agency does not have APLRs, an Agency ALPR Coordinator must still be designated if your agency will be using ALPR data.
The new policy also requires the use of the statewide application program interface, referred to as the “Statewide API” (API). The API is software that will make ALPR data accessible in a standard format throughout the state with no need for additional agreements between agencies. The State ALPR Coordinator is responsible for implementing the API. They will also specify the method by which all ALPRs used by NJ agencies must provide real-time access to ALPR data through the API. Going forward, all ALPR systems must be programmed to capture data parameters and meet minimum requirements for accuracy and performance as specified by the State ALPR Coordinator.
The State ALPR Coordinator will design and disseminate training on ALPR technology, which will be a prerequisite for using ALPRs and accessing ALPR stored data. The Agency ALPR Coordinator will oversee the agency’s ALPR program, including training and approving access requests. All authorized ALPR users must complete refresher trainings every two years, as determined by the State ALPR Coordinator.
Agency ALPR Coordinators will be required to deconflict with the County and State ALPR Coordinator about deployment locations to avoid duplication of efforts. The following data must be shared with the State ALPR Coordinator prior to installing or relocating a permanent fixed ALPR unit: camera name, location (latitude and longitude) and a survey provided by ALPR vendor, which must include the projected size of ALPR data. When deploying or relocating a portable fixed ALPR unit (ie. an ALPR mounted on a portable trailer that can be relocated), agencies must provide updated latitude and longitude data to the State ALPR Coordinator. Finally, agencies are required to maintain the following information for each ALPR they own or operate: the date and time deployed, if the unit is portable or fixed, the identity of operator, the name of the ALPR vendor and the date the ALPR data connected to the API (for agencies that house ALPR data).
The revised directive requires an audit to be completed by the Agency ALPR Coordinator no later than January 31st of each year. The audit must be provided to the County and State ALPR Coordinator, who are authorized to conduct an audit of an agency’s ALPR program at any time. Each agency’s audit must certify that the agency has an ALPR policy in place, only authorized users have accessed ALPR data, the date of each authorized user’s last ALPR training, completion of a random survey of ALPR accesses revealing no misuse and a description of any known significant violations and citizen complaints. If there were significant violations or citizen complaints found, the audit must include whether they have been forwarded to the County Prosecutor or DCJ Director. The State ALPR Coordinator has to publicly report the list of agencies that have completed audits, and the number of significant violations and citizen complaints reported by each agency no later than March 31st of each year.
Notable changes were also made to the retention and release of ALPR data and records. The retention period has been reduced from five years to three years. Also, if ALPR data is accessed as part of an investigation (including but not limited to a BOLO query, a crime scene query, or crime trend analysis) a record of the access, which may be automated, and corresponding data shall be included in the agency’s investigative file (electronic or physical). If the investigation results in criminal charges, the ALPR records shall be turned over in discovery pursuant to applicable court rules and case law.
Remember, stored ALPR data must still be treated as “criminal investigatory records,” and shall not be shared with or provided to any person, entity, or government agency other than a law enforcement agency, unless a subpoena or court order authorizes such disclosure or unless such disclosure is required by court rules governing discovery in criminal matters. If an agency receives such a request, they must provide notice to the County Prosecutor or Director of DCJ before complying with the subpoena or court order.