Report 2019-118 Recommendation 19 Responses

Report 2019-118: Automated License Plate Readers: To Better Protect Individuals' Privacy, Law Enforcement Must Increase Its Safeguards for the Data It Collects (Release Date: February 2020)

Recommendation #19 To: Los Angeles Police Department

To minimize the privacy risk of retaining ALPR images for a long period of time, by August 2020, Los Angeles should review the age of the ALPR images its personnel are searching for and ensure that its retention period for ALPR images is based on agency needs. Los Angeles should reflect in its ALPR policy the updated retention period and state in its policy that it will reevaluate its retention period at least every two years.

Annual Follow-Up Agency Response From October 2021

See "Retaining ALPR Data Beyond the Two-Year Logical Deletion Period for Ongoing Prosecution/Administrative Purposes" in Special Order No. 31, dated December 10, 2020, titled Automated License Plate Recognition Usage and Privacy Policy."

Retaining ALPR Data Beyond the Two-Year Logical Deletion Period for Ongoing

Prosecution/Administrative Purposes. In the event ALPR data is determined to have evidentiary

value in a criminal or administrative investigation, the investigator shall submit an

Intradepartmental Correspondence, Form 15.02.00, to an ALPR System Administrator

requesting that the information be saved beyond the two year retention period. The written

request shall include the Division of Records (DR) Number or case number, the specific reason

the data should be retained, and the investigator's contact information. Once the request has

been approved by the investigator's supervisor, the ALPR System Administrator shall ensure the

requested information is retained in the ALPR System until it has been approved for deletion.

Every two years, ITB shall verify with the investigating officer zf the information is eligible for deletion.

Note: Investigating officers are encouraged to keep any related ALPR data hard copies in

their case files) for court purposes.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

While LAPD specifies a five-year retention period in its policy, it limits search capability after two years.

6-Month Agency Response

As you know, the Los Angeles Police Department and the City of Los Angeles have faced multiple challenges from the COVID-19 pandemic, as well as the protests and civic unrest following the death of George Floyd. These dual challenges have placed significant burdens on the Department's resources, and as a result of responding to these events, the Department has been delayed in adequately crafting an Automated License Plate Reader policy. The Department realizes the importance of finishing and implementing this policy, especially considering the statutory requirement and the State Auditor's report and recommendations. The Department's ALPR policy is being reviewed by external policy experts and the details are being finalized. We hope to present a completed policy to the Los Angeles Board of Police Commissioners in the near future and will keep you apprised of our progress.

California State Auditor's Assessment of 6-Month Status: Pending

We acknowledge the difficulty of the current situation with COVID-19. We look forward to the department's future status reports.

60-Day Agency Response

The Department has reviewed the State Auditor's Report and recommendations and we are in the process of drafting an ALPR usage and privacy policy. We aim to present a completed policy to the Los Angeles Board of Police Commissioners in June 2020. However, due to the significant response required to the COVID-19 pandemic, and the increase in our operational needs, please consider this our response to the Report's recommendations at this time. The Department understands the importance of drafting an ALPR policy in a timely manner and, even amid this ongoing pandemic, is striving to complete a policy that takes the many considerations into account.

California State Auditor's Assessment of 60-Day Status: Pending

We acknowledge the difficulty of the current situation with COVID-19. We look forward to the department's future status reports.

All Recommendations in 2019-118

Agency responses received are posted verbatim.