Report 2019-118 Recommendation 22 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 #22 To: Los Angeles Police Department

To ensure that ALPR system access is limited to agency staff who have a need and a right to use ALPR data, Los Angeles should ensure that its ALPR policy specifies the staff classifications, ranks, or other designations that may hold ALPR system user accounts and that accounts are granted based on need to know and right to know.

Annual Follow-Up Agency Response From October 2021

See page one 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.

Persons Authorized to Access and Use the ALPR Data. There are two type of users authorized

to use the ALPR System: ALPR System Administrators and ALPR Data Users. Each type of user

is given different access controls, responsibilities, and training.

ALPR System Administrators —Defined. Department personnel assigned within Information

Technology Bureau (ITB) have the highest access rights to the ALPR System. The ITB is

responsible for ensuring the maintenance of the ALPR server, database, application software,

and verifying proper operation of the system. The ALPR System Administrators are also

responsible for assisting in any reports of inoperability or malfunction ofALPR-equipped

vehicles.

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.