In the face of growing public opposition, Flock Safety has announced several updates to its automatic license plate readers (ALPRs). These changes include reducing data retention periods and enhancing local control over data searches. However, the American Civil Liberties Union (ACLU) has criticized these measures, suggesting they are more of a public relations move than a genuine effort to protect civil liberties.
The ACLU’s analysis highlights that while some of Flock’s proposed changes may seem positive at first glance, the devil is in the details. The organization argues that the updates do not go far enough to address the serious concerns surrounding mass surveillance, data privacy, and potential misuse by law enforcement.
Flock’s Data Retention Policy: A Mixed Bag
One of the key changes announced by Flock is the reduction of its standard data retention period from 30 days to one week. At first glance, this seems like a step in the right direction. However, the ACLU points out that there is an exception to this policy known as Evidence Mode.
Under Evidence Mode, data tied to a case number is preserved indefinitely, rather than being deleted after seven days. The ACLU warns that if this mode retains any ALPR data that is searched, it could lead to the indefinite retention of all the data Flock collects and shares nationally. This raises significant concerns about the potential for mass surveillance and the erosion of privacy rights.
Local Control Over Data Searches: A Failed Attempt
Flock has also announced that local police will now have the ability to decide what types of offenses other Flock customers can search their data for. The ACLU contends that this is not a new measure, as Flock has attempted something similar in the past. The previous attempt failed because police were easily able to circumvent the system’s requirement that they input the purpose of their search.
The ACLU argues that without significant changes to the system, this new measure is unlikely to be any more effective. The organization suggests that Flock needs to implement more robust safeguards to ensure that data searches are conducted in a transparent and accountable manner.
Audit Assistance Tool: A Question of Efficacy
In response to reports of police abuse, Flock has announced that it will now require reasons for a search and plans to universally roll out its audit assistance tool to detect police misuse. However, the ACLU questions the efficacy of this tool, citing past instances where users have easily circumvented search reason security measures.
The ACLU also notes that there is no evidence to suggest that the audit assistance tool works consistently to address the growing pattern of police officers using Flock for personal stalking. The organization argues that Flock needs to have the tool analyzed by an independent evaluator to determine its true effectiveness.
Despite the criticisms, dozens of communities across the country have successfully convinced their leaders to cancel Flock contracts, suspend their ALPR programs, or deactivate the cameras. In June, the ACLU launched its Get the Flock Out campaign to bring together litigation, advocacy, and legislative efforts to fight against the spread of Flock and other license plate readers.
The campaign aims to show how communities across the country are pushing back against mass warrantless surveillance tech and to lay out how lawmakers at the local, state, and federal levels can best protect our rights. As the debate over surveillance and privacy continues, the ACLU remains vigilant in its efforts to hold companies like Flock accountable.
