Report 2019-118 Recommendation 25 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 #25 To: Los Angeles Police Department

To enable auditing of user access to and user queries of ALPR images, Los Angeles should ensure that its ALPR policy makes clear how frequently Los Angeles will audit its ALPR system, who will perform that audit, who will review and approve the audit results, and how long Los Angeles will retain the audit documents. Los Angeles should have in place by February 2021 an audit plan that describes its audit methodology, including, but not limited to, risk areas that will be audited, sampling, documentation, and resolution of findings.

Annual Follow-Up Agency Response From October 2022

On December 8, 2020, Los Angeles Police Department's Board of Police Commissioners approved the Automated License Plate Recognition Usage and Privacy Policy.

On February 9, 2021, Los Angeles Police Department's Board of Police Commissioners approved the Annual Audit Plan that included an audit of the Automated License Plate Reader system.

On September 27, 2022, the Los Angeles Police Department's Board of Police Commissioners approved the Automated License Plate Recognition Audit that was conducted in 2021.

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

Annual Follow-Up Agency Response From October 2021

See "Records of Access and Periodic System Audits" in Special Order No. 31, dated December 10, 2020, titled Automated License Plate Recognition Usage and Privacy Policy."

Records of Access and Periodic System Audits. The ITB shall ensure that a database of records of

ALPR end-user activity, including all queries to the ALPR System is maintained. The records of

access shall be maintained for at least five (5) years. At a minimum, the records of access shall

include all of the following:

- The date and time the information is accessed;

- The license plate number or other data elements used to query the ALPR System;

- The username of the person who accessed the information; and,

- The identified authorized purpose for accessing the information.

The access and use of ALPR data through Department systems shall be subject to review and

audit by Audit Division. Audit Division shall conduct periodic audits in accordance with Audit

Division's Annual Audit Plan. Audit reports shall be maintained by the Department and

accessible for public view indefinitely. Moreover, ITB should regularly conduct inspections on

the use and the operations of the ALPR System.

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

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.