AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
Enacts new Article 3D, Automatic License Plate Reader Systems, in GS Chapter 20, regulating the use by state or local law enforcement agencies of an "automatic license plate reader system" (plate reader), defined as a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to covert images of license plates into computer readable data, excluding traffic control photographic systems. Also defines law enforcement agencyto mean any agency or officer of the state or any of the state's political subdivisions empowered by the laws of this state to prosecute or participate in the prosecution of persons who are arrested or subject to civil actions related to or concerning an arrest.
Requires any state or local law enforcement agency using a plate reader to have a written policy governing the use of the plate reader before the system is operational and specifies the mandatory issues that the written policy must address.
Prohibits preserving data collected via a plate reader for more than 90 days unless there is a written, articulable, and recorded basis for retaining the data for its investigatory or evidentiary value or the possibility that the data may become evidence in a specific criminal action. In such instances, the specific case and the parties involved must be identified. Declares data obtained by a plate reader is confidential and not a public record as the term is defined in GS 132-1. Prohibits disclosure of data obtained via a plate reader except to a federal, state, or local law enforcement agency for a legitimate law enforcement or public safety pursuit in response to a written request from the requesting agency. Permits the written requests to be in an electronic format.
Effective December 1, 2015.
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