Flock cameras and other Automated License Plate Reader (“ALPR”) cameras have been used for 10 years or more by cities and law enforcement. More recently, ALPR cameras have become popular in community associations due to the cameras becoming more affordable, smaller, and easier to install. As to community associations, ALPRs allow for easy entry into gated communities by capturing still images of a vehicle’s license plate, not video, that are extracted by artificial intelligence for cataloging and retrieval purposes and allow access to residents if on an approved list. Pictures also may include the make, year, model, and color of a vehicle. Depending on the angle of the camera, the vehicle’s occupants also may be discernible.

In California, the use of ALPRs is governed by Civil Code sections 1798.90.5-1798.90.55, which require that all persons operating an ALPR system maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. “Persons” include an “association” or “corporation” under the statute, meaning that community associations are required to maintain these security procedures required under law.

Civil Code section 1798.90.51(b)(2) also requires community associations and other ALPR operators to implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. This policy must address various enumerated subjects, including the authorized purposes for using the ALPR system and collecting ALPR information; a description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws; the purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons; and the length of time ALPR information will be retained. The policy must be made available to the public in writing, and, if the ALPR operator has a website, the usage and privacy policy shall be posted conspicuously on the community association’s or other operator’s website.

In the 1st District Court of Appeal case, Bartholomew v. Parking Concepts, Inc., 118 Cal. App. 5th 438, Brendan Bartholomew sued Parking Concepts, Inc. alleging that it automatically collected his license plate information when Bartholomew parked his vehicle in its parking garage without implementing and making publicly available a policy regarding the collection and use of the data collected in violation of Civil Code §§ 1798.90.5-1798.90.55.

The Court agreed that the collection and use of Bartholomew’s license plate data without implementing a statutorily required privacy policy, constituted harm in and of itself. There was no need for Bartholomew to prove damages in that Parking Concepts illegally shared Bartholomew’s license plate data or used it for any particular purpose.As a result, if your community uses ALPR cameras and does not have a privacy policy that is accessible to community residents on your website, the association should work with its ALPR vendor and/or community association legal counsel to prepare and adopt such a privacy policy.