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HomeMy WebLinkAbout2025-12-04; Use of Automated License Plate Reader System Data (Districts - All); Calderwood, ChristieTo the members of the: Cll:Y COUNCI~ Date \21~12.~cA V cc~/ CM~ _6cM (3) _v December 4, 2025 Council Memorandum To: Honorable Mayor Blackburn and Members of the City Council From: Via: Christie Calderwood, Chief of P~ . {_city of Carlsbad Memo ID# 2025068 Re: Geoff Patnoe, City Manager ~ Use of Automated License Plate Reader System Data (Districts -All) This memorandum provides information regarding the Carlsbad Police Department's use of automated license plate reader, or ALPR, data and compliance with state law requirements. Background On December 1, 2025, the city received email correspondence asserting the Carlsbad Police Department violated state law by sharing Flock Safety ALPR data with out-of-state agencies for immigration enforcement purposes. Other state law enforcement agencies have received similar communications. According to the email sender: 1. Flock Safety only permits agencies to conduct out-of-state searches when those agencies also provide data from their own cameras to agencies from other states. 2. On February 6, 2025, Carlsbad Police Department conducted an out-of-state search. 3. Between January 23 and January 31, 2025, three out-of-state agencies searched Flock Safety data for immigration-related reasons, and the searches included Carlsbad Police Department data. Discussion The Carlsbad Police Department does not operate, maintain or possess any Flock Safety ALRP cameras or other equipment. Consequently, it does not collect or maintain any ALRP data in a Flock Safety ALRP database. The Police Department's name appears in Flock Safety's system because the department has a Memorandum of Understanding, or subscription agreement, with Flock Safety. Under the terms of the subscription agreement, which became effective in January 2024, the Police Department may search for ALPR data in Flock Safety's system without contributing the Police Department's own ALPR data. The subscription agreement had allowed the Police Department to conduct nationwide inquiries, but Flock Safety eliminated the nationwide search ability for California agencies in mid-February 2025. Police Department 2560 Orion Way I Carlsbad, CA 92010 I 442-339-2100 t Council Memo -Use of Automated License Plate Reader System Data (Districts -All) December 4, 2025 Page 2 Although the Police Department does not have Flock Safety equipment, there are at least seven homeowners' associations in the city with Flock Safety cameras. These and other private, commercial Flock Safety customers maintain and control their own database systems and determine their own sharing policies. Accountability and Safeguards To ensure compliance with state law, the Police Department has a policy addressing the appropriate use of ALPR data, including: • Requiring the system only be used for official law enforcement purposes by authorized, trained department personnel. • Restricting user access by a login/password-protected system capable of documenting who accesses the system and the date and time of access. • Requiring all searches to identify the associated Police Department case number or incident number and the reason for the search. • Prohibiting sharing of ALPR data, except with the State of California or a city, county or state law enforcement agency in California. Sharing with federal or out-of-state law enforcement agencies is specifically disallowed. The Police Department also conducts two separate audits to ensure compliance with its ALPR policy and state law. Each month, the assigned ALPR Administration Lieutenant confirms every search conducted within the previous month complied with the policy and included the associated case or incident number and reason for the search. In the event of discrepancy, the ALPR Administration Lieutenant ensures that the error and explanation are documented in a memorandum. The Lieutenant also confirms only agencies authorized by state law have access to Police Department's ALPR data. The Police Department's 2025 monthly audits are completed through October, and the November audit is currently in progress. Additionally, each year during the months of January and July, the Professional Standards and Services Bureau (PSSB) Lieutenant conducts a secondary audit to confirm all searches comply with department policy. This audit also includes a review of agencies and entities with which the Police Department shares data to ensure compliance with the Police Department's policy and state law. The audits are documented in an internal department memorandum to the Police Chief. During the most recent audit, the PSSB Lieutenant found that the Police Department maintained a 99.7% compliance rate with proper documentation of ALPR data searches. The non-compliant searches were discovered during the ALPR Administration Lieutenant's monthly audit and were explained. Many of the errors were made by newer employees who have less experience using the system and they were able to correct the errors immediately by adding a case number or notation for their search. The errors were simply clerical. There were no errors involving sharing data with agencies not authorized by state law to receive the data. Council Memo -Use of Automated License Plate Reader System Data (Districts -All) December 4, 2025 Page 3 Flock Vendor Changes While the Police Department does not currently have any Flock Safety equipment, Flock Safety is a viable technology company available to law enforcement. To ensure California agencies remain compliant with state law, Flock Safety no longer allows California agencies to perform nationwide searches. The company also implemented new filters to prohibit any searches of California data related to immigration enforcement. Further, as of August 8, 2025, Flock Safety is able to determine whether any data was obtained from an agency's database as the result of a search. Before August 8, 2025, Flock Safety was only able to determine whether a user conducted a query against the agency's database. After receiving the above-reference email, the Police Department contacted Flock Safety and confirmed the company has no Carlsbad Police Department ALPR data in its system and no attempts to search for the Police Department's ALPR data resulted in the disclosure of the Police Department's data. Next Steps The Police Department will continue to comply with state law and department policy concerning ALPR data usage. cc: Sheila Cobian, Assistant City Manager Cindie McMahon, City Attorney Jennifer True, Senior Assistant City Attorney Reid Shipley, Assistant Chief of Police