The state Attorney General's Office released legal guidance on the way data should be shared, noting law enforcement agencies should only share information with other California law enforcement agencies.
"Importantly, the definition of "public agency" is limited to state or local agencies, including law enforcement agencies, and does not include out-of-state or federal law enforcement agencies," the guidance document from John D. Marsh notes.
Samantha Karges, a former spokesperson for the Humboldt County Sheriff's Office noted in a June 2 email the agency used a single Automated License Plate Reader attached to a car in a testing phase last year. She said this data is not shared with federal law enforcement agencies tasked with immigration enforcement. Three deputies were trained to use the system.
According to documents shared by the EFF as a result of a public records request, HCSO shares Automated License Plate Reader information with hundreds of other agencies. From January to November 2022, it read 244,457 license plates and got 4,220 "hits," according to the public records request.
The EFF said prosecutors in other states could use the ALPRs data to find people who have traveled to California for abortions, as the data was shared with law enforcement agencies in states with abortion bans.
ALPRs are generally affixed to traffic signals or on top of police cars and collect information uploaded to databases that include some law enforcement agencies. They show the location of a vehicle and the license plate at a specific moment and can provide leads for law enforcement investigating crime according to Karges.
The EFF applauded the release from the California Attorney General's office.
"Victory! California Attorney General Rob Bonta has confirmed what we've been saying for years: It is against the law for California law enforcement agencies to share data collected from automated license plate readers with out-of-state or federal agencies. This guidance will protect abortion seekers, immigrants, and indeed anyone who drives a car in the Golden State from abusive surveillance," said Dave Maass, EFF director of investigations in a prepared statement.
In a news release, the EFF called the ALPR system a "mass surveillance technology" and said the vast majority of data is collected on people who are not doing criminal activity.
State legislation passed in 2015, Senate Bill 34, included a prohibition of California agencies from sharing this data with non- California agencies. AB 1242, passed with sponsorship from Bonta in the wake of the overturning of Roe v. Wade in 2022, also involved data protections for those seeking abortions.
Questions sent to the media email for the Humboldt County Sherrif's Office were unanswered by the Times-Standard print deadline.
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