Washington court says Flock camera images are public records

A Skagit County Superior Court justice ruled that images from Flock Safety automated licence sheet scholar cameras successful Stanwood and Sedro-Woolley suffice arsenic nationalist records nether Washington's Public Records Act.

Judge Elizabeth Yost Neidzwski said the images are "not exempt from disclosure" and explained that an bureau does not request to physically clasp a grounds for it to autumn nether the law.

The petition that led to the ruling

The lawsuit began erstwhile Washington nonmigratory Jose Rodriguez asked Stanwood for 1 hr of Flock camera images. That petition prompted Stanwood and neighboring Sedro-Woolley to inquire the tribunal to state that vendor-stored information did not number arsenic nationalist records.

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Judge Neidzwski rejected that argument. She said the cities' ALPR images enactment a authorities intent and conscionable the explanation of a nationalist record.

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Flock Safety cameras usage AI to seizure licence sheet images successful existent time, tracking vehicles arsenic they determination done neighborhoods. (Flock Safety)

However, Rodriguez volition not person the circumstantial images helium sought. The metropolis had already allowed the footage to auto-delete aft 30 days, and it expired earlier the ruling.

We reached retired to Flock Safety, and a spokesperson provided CyberGuy with the pursuing statement:

"The Court simply declined to exempt these records from disclosure nether Washington's highly wide nationalist records law. Nothing changed successful the presumption quo successful Washington arsenic a effect of this ruling — these records were covered by the instrumentality earlier the ruling, and stay truthful pursuing the ruling. Unfortunately, immoderate individuals successful Washington person abused the breadth of the nationalist records instrumentality to extort important settlements from Washington communities for method violations of the disclosure requirements, which we cannot judge is the intent of the law. We are supporting efforts to enact a legislative hole to this situation, which is costing Washington communities tens of thousands of dollars to stave disconnected frivolous lawsuits."

The Washington tribunal ruling marks a large measurement toward transparency successful however constabulary cod and store surveillance data. (Flock Safety)

Why the determination matters for transparency

Flock's automated licence sheet scholar cameras seizure aggregate inactive images of passing vehicles on with time, determination and licence sheet information. Cities usage the strategy to assistance instrumentality enforcement with investigations, relying connected stored images to place vehicles connected to crimes oregon alerts.

The court's ruling raises broader questions astir however section agencies negociate these images erstwhile they're created. By uncovering that the images suffice arsenic nationalist records, the determination forces cities to analyse however agelong they clasp this data, however it is stored and who whitethorn petition entree nether authorities law. 

Privacy advocates accidental the ruling highlights the request for wide policies astir retention and transparency, portion instrumentality enforcement groups reason that entree rules indispensable inactive support ongoing investigations.

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The statement continues arsenic communities measurement the equilibrium betwixt nationalist safety, privateness and the close to cognize what’s being recorded. (Flock Safety)

How this ruling impacts privateness and surveillance

For years, cities and constabulary agencies person argued that information stored by third-party vendors falls extracurricular nationalist records laws. They often marque this assertion adjacent erstwhile the information documents enactment connected nationalist roads. The Washington ruling did not settee broader questions astir surveillance, but it rejected the thought that Flock camera images are exempt simply due to the fact that a vendor stores them. This determination exposes a increasing hostility betwixt however agencies usage surveillance tools and what the nationalist tin entree nether authorities law.

Beryl Lipton of the Electronic Frontier Foundation, a nonprofit dedicated to defending integer privacy, escaped look and transparency successful technology, told Cyberguy, "The usage of third-party vendors for surveillance and information retention is wide and increasing crossed the country, and allowing this to undermine the public’s close to cognize is precise dangerous. The government's superior work should beryllium to its constituents, which includes protecting their rights nether nationalist records laws, not to the backstage vendors that they take to employment portion conducting wide surveillance. Whether an bureau stores images and accusation connected their ain devices oregon connected the backstage server of a vendor should not impact the due disclosure of these records nether nationalist records laws. If the usage of these devices makes it excessively hard for a metropolis to comply with the law, past the effect should not beryllium to circumvent the laws they find inconvenient, but alternatively it should beryllium to lone usage vendors that won’t get successful the mode of a city’s quality to fulfill its responsibilities to their citizenry. Otherwise, they should not usage these tools astatine all."

What this means for you

If your municipality uses Flock oregon different automated licence sheet readers, this ruling shows however Washington courts whitethorn grip aboriginal records requests. It confirms that ALPR images tin number arsenic nationalist records, adjacent erstwhile a vendor stores the data.

The statement implicit privateness and information continues. Supporters accidental nationalist entree builds spot and oversight. Critics interest that releasing conveyance information could exposure delicate details without beardown safeguards oregon redactions.

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Kurt's cardinal takeaways

This ruling shows however courts whitethorn grip information from automated licence sheet readers. It besides reveals however overmuch conveyance accusation cities collect. As a result, it raises caller questions astir who should entree these records. In addition, the determination whitethorn usher aboriginal transparency debates successful Washington. However, it volition besides spark caller conversations astir however surveillance tools acceptable wrong authorities records laws.

Do you deliberation nationalist entree to AI camera footage improves accountability oregon puts privateness astatine risk? Let america cognize by penning to america at Cyberguy.com.

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