A BILL TO BE ENTITLED AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
Enacts new Article 3D, Automatic License Plate Reader System, in GS Chapter 20 making it illegal to use an automatic license plate reader system, 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. Sets out purposes for which an automatic license plate reader system may be used, including electronic toll collection. Prohibits data captured for the allowable purposes from begin used or shared for any other purpose and it cannot be preserved for more than 10 days except pursuant to specified requests or warrants. Allows an investigative or law enforcement officer to apply for a court order compelling disclosure of captured plate data and sets out steps to be taken by a person using the system to preserve data, once a disclosure order has been issued. Sets out additional provisions concerning and restrictions on individuals capturing data under one of the allowed uses, including reporting requirements.
Allows an aggrieved party to bring a civil action against a person violating the new Article. Specifies items that the court may award to the prevailing party. Makes a willful and knowing violation of GS 20-183.23(b) a Class 1 misdemeanor. Prohibits data or information captured in violation of the Article inadmissible as evidence in any criminal, civil, or administrative proceeding.
Applies to offenses committed on or after December 1, 2013.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.