Report 2019-118 Recommendation 16 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 #16 To: Los Angeles Police Department

To protect ALPR data to the appropriate standard, by August 2020, Los Angeles should identify the types of data in its ALPR system and, as Los Angeles reviews or drafts its ALPR policy, ensure that it clarifies the types of information its officers may upload into its ALPR system, such as, but not limited to, information obtained through CLETS.

Annual Follow-Up Agency Response From January 2022

The policy lists the types of data that the ALPR system captures.

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

Annual Follow-Up Agency Response From October 2021

See "Authorized Uses" in Special Order No. 31, dated December 10, 2020, titled Automated License Plate Recognition Usage and Privacy Policy."

Authorized Uses. The ALPR System and the recording of ALPR data shall only be retained,

accessed, and used for the following official Department purposes:

- Criminal investigations or proceedings;

- Non-criminal investigations (e.g., missing and found persons);

- Administrative investigations or proceedings (e.g., pursuit and complaint investigations);

- Civil investigations or proceedings;

- Situational awareness operations; and

- Responses to cognizable threats to public safety.

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

The policy specifies the purpose of the data, but the recommendation asks for clarification on the types of information that may be uploaded.

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.