Report 2019-118 Recommendation 20 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 #20 To: Los Angeles Police Department

To minimize the privacy risk of retaining ALPR images for a long period of time, Los Angeles should include in its ALPR policy a retention period for data or lists, such as hot lists, used to link persons of interest with license plate images, and create necessary processes to ensure that those data unrelated to ongoing investigations are periodically removed from its ALPR system.

Annual Follow-Up Agency Response From October 2021

See "Retention and Deletion of ALPR data" in Special Order No. 31, dated December 10, 2020, titled Automated License Plate Recognition Usage and Privacy Policy."

Retention and Deletion of ALPR Data. In general, ALPR data recorded or retained by the

Department shall be retained for a period of two years. After two years, ALPR data recorded or

retained by the Department will be logically deleted. Logical deletion is the process whereby the

data record is flagged in the database when deleted. The ALPR records that have been logically

deleted cannot be viewed or accessed by ALPR Data Users and can only be queried by an ALPR

System Administrator. All ALPR data shall be permanently deleted after five years, and 24 hours

and one minute, with the exception of data needed for prosecutions or administrative hearings

that are retained indefinitely upon approval.

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

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.