Police departments in Stanwood and Sedro-Woolley made the decision to switch off their cameras before a ruling on Nov. 6 in Skagit County Superior Court, while Redmond, Lynnwood, and Skamania County followed suit after the court’s decision, as reported by The Seattle Times.
The controversy revolves around the use of Automated License Plate Readers (ALPRs) manufactured by Flock Safety, raising questions about the release of images and data collected by these cameras under Washington’s Public Records Act.
Jose Rodriguez, a tattoo artist from Walla Walla, initiated public records requests for ALPR photos and data from approximately 50 public agencies in Washington. He sued ten cities, including Sedro-Woolley and Stanwood, for failing to provide the requested images and data.
According to the court ruling by Judge Elizabeth Neidzwski, the Flock images produced by these cameras are considered public records, highlighting that they serve a governmental purpose and were funded and utilized for the cities’ benefit.
ALPR cameras are designed as tools for public safety, aiming to promptly notify officers and analysts when a vehicle associated with a crime, missing person, stolen vehicle, or other critical incident is detected.
These cameras do not utilize facial recognition or engage in random surveillance, with images and data intended to be erased from Flock’s cloud-based storage system within a 30-day period.
Flock Safety has defended its technology against privacy concerns, asserting that its cameras capture images of vehicles on public roads where privacy expectations are minimal. The company is advocating for a “legislative fix” to Washington’s Public Records Act.
Privacy advocates have expressed apprehensions about potential mass surveillance applications of this technology. A recent report from the University of Washington Center for Human Rights revealed that 18 Washington police agencies had their Flock Safety databases accessed by the U.S. Border Patrol this year.
The Redmond Police Department initiated the deployment of ALPR cameras earlier this year but halted their operation following the arrest of seven individuals by U.S. Immigration and Customs Enforcement (ICE) agents, sparking concerns about ICE’s access to the city’s Flock data.
In a separate incident, a Redmond resident was detained after a Flock camera alert incorrectly linked his vehicle to his son, who shared the same name and was wanted on a felony warrant, as reported by KING 5.