Salinas Municipal Code Art. IV Automated License Plate Reader (ALPR) Data Collection and Retention

(a) The purpose and intent of this article is to impose safeguards to protect civil liberties and civil rights.

(b) The city council finds that collection and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology must be balanced with the need to: investigate and prevent crimes; protect crime victims and society from those who commit crimes; protect civil rights and civil liberties, including privacy and free expression; and the costs to the city.

(c) The city council finds that proper transparency, oversight and accountability for the collection and use of such digital data is fundamental to protecting the rights and civil liberties, including privacy and free expression, of all people.

(Ord. No. 2678 (NCS), § 1, 3-19-2024)

An ALPR shall only be used for official law enforcement business and may be used in conjunction with any routine patrol operation or criminal investigation. ALPR equipment and data may not be used for any unauthorized purpose and shall be used consistent with state law, currently codified at California Civil Code Section 1798.90.5, et seq.

(Ord. No. 2678 (NCS), § 1, 3-19-2024)

(a) ALPR data shall be transferred from vehicles to the designated storage in accordance with Salinas Police Department procedures.

(b) All downloaded ALPR data shall be stored for a minimum of one year and in accordance with the city's records retention policy. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances, the applicable ALPR data should be booked into evidence.

(c) All ALPR data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.

(d) ALPR data may be accessed only for legitimate law enforcement purposes, such as when the data relates to a specific criminal investigation or department-related civil or administrative action.

(e) ALPR system audits shall be conducted on a regular basis.

(Ord. No. 2678 (NCS), § 1, 3-19-2024)

ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law.

(Ord. No. 2678 (NCS), § 1, 3-19-2024)