Should automated license plate readers be regulated in Virginia?

TYSONS, Va. - Virginia lawmakers will soon decide if the state will regulate the use of automated license plate readers commonly used by law enforcement agencies. It’s a hotly contested debate.

Law enforcement agencies across the country are using this technology, including here in Virginia, and it’s actually increased in popularity in the last two decades with many departments touting its success. 

But there are a number of groups throughout the commonwealth that are deeply concerned and want these cameras regulated.

Many Virginia drivers may not even notice these cameras, especially after dark but they are here. 

Automated license plate readers (ALPR’s) are typically mounted on fixed locations like street lights, road signs, bridges or police cars capturing thousands of photographs of license plates per minute and that data has been used as a crime-fighting tool. 

FCPD / Flock Safety

In Charlottesville, the technology has been in use for just two months and it’s already producing results. 

"As we were going through this process, I would constantly be asked from those communities – from folks who lived in these communities that are disproportionately affected by violent crimes, whose homes were being shot up on a weekly basis by vehicles that were driving by – when were we going to get it? When was it going to happen?"  Charlottesville Police Chief Michael Kochis said during a recent Virginia State Commission meeting against regulating the technology. 

"As we talk about guard rails, all I ask is think about the impact it will have on us on the ground," he continued. 

Fairfax County police have been using the automated license plate readers for two years. The department credits the cameras for helping solve hundreds of crimes and locating dozens of stolen vehicles. 

But surveillance technology expert Dave Mass says there’s a major concern with this kind of technology, namely: what if the system gets it wrong?

"People should be angry about this technology because it's just overall an invasion of our privacy," Mass said. "Let’s say it makes a mistake and mistakes your car for a motorcycle in Montana. Now you have guns to your face…you did nothing wrong."

At least 18 states currently regulate the use of ALPR’s. Mass says how long they retain the data is also critical. 

"I would love to see that data held to only for like seconds. if not minutes. They should not be holding on to data about us if we’re not involved in a crime," said Mass.

FOX 5 spoke with Virginia Senate Majority Leader Scott A. Surovell who says a bill on this failed last year because it didn’t regulate the technology enough. 

The bill is expected to be re-introduced in a matter of weeks.