The Information and Privacy Commissioner of Ontario recently released their “Guidance on the Use of Automated Licence Plate Recognition Systems by Police Services” (the “Guidelines”) discussing issues and policies related to the use of automated licence plate recognition technology. The Guidelines provide useful information to law enforcement in all Canadian jurisdictions using, or planning to use, this type of technology by providing mechanisms to protect individual’s privacy rights.
Background – What are automated licence plate recognition systems?
Automated licence plate recognition systems are used on police or law enforcement vehicles to scan licence plates and notify the officer when there is a “hit” on the licence plate. The automated licence plate recognition system will produce a hit when the licence plate is associated with a suspended driver, a driver with outstanding warrants or who is reported missing, or unregistered or stolen vehicles. When the system scans a licence plate, personal information including the date, time and geolocation of a vehicle may also be collected. The automated licence plate recognition system identifies vehicles by matching the licence plate to the list of licence plates stored in a database.
The Guidelines
The Guidelines emphasize that personal information, including licence plate numbers and information about a driver’s location, must be collected, retained, used and disclosed in a matter that complies with privacy legislation. In addition, law enforcement must ensure automated licence plate recognition systems are used in a manner that respects the privacy rights of individuals granted under the Canadian Charter of Rights and Freedoms.
The Guidelines provide useful policies, procedures and technical controls for law enforcement to implement, which include:
- Ensuring the systems are configured to only capture and store images of licence plates
- Conducting a privacy impact assessment to create safeguards and strategies to reduce the impact the system may have on an individual’s privacy
- Using a pilot project to test the functionality, security and transparency of the system before it is implemented on a full-scale
- Engaging in public consultation to explain the use of the technology
- Limiting the use and collection of personal information
- Granting access to the system and the database on a need-to-know basis
Other comments from Canada’s Information and Privacy Commissioners
Information and Privacy Commissioners across Canada have considered the use of automated licence plate recognition systems and have provided useful considerations when this type of technology is implemented.
In 2012, the British Columbia Information and Privacy Commissioner released a decision discussing automated licence plate recognition technology in Victoria Police Department (Re), 2012 BCIPC 23. The Commissioner offered various recommendations for law enforcement using these systems, which include immediately deleting personal information associated with licence plates that do not result in a hit, and ensuring the use and mandate of the system is accurately described to inform the public of the full scope of the technology.
Further, Prince Edward Island’s Information and Privacy Commissioner discussed automated licence plate recognition systems in Charlottetown (City) (Re), 2020 CanLII 43896 (PE IPC). In this report, the Commissioner found the police’s collection, use and disclosure of personal information in the automated licence plate recognition system was authorized under applicable privacy legislation. The Commissioner advised that although the use of this technology was authorized, it is important for the police to post about the use of automated licence plate recognition systems on their website so that citizens are fully aware of the collection of their personal information and how their information is handled after it is collected by these systems.
As law enforcement across Canadian jurisdictions implement and integrate automated licence plate recognition systems, it is important to review the Guidelines and to be aware of the various ways in which individual’s privacy rights can be protected.
If you require assistance with implementing automated licence plate recognition systems, our Privacy, Data Protection & Cybersecurity group can help you implement these guidelines and establish policies to follow.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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