Purpose

This bill would change how Automated License Plate Reader (ALPR) technology is used in Minnesota. It aims to restrict government use of ALPR data, protect personal privacy, regulate private use, and remove older ALPR laws. It also requires the destruction of certain ALPR data and repeals existing ALPR statutes.

Key Definitions

• ALPR system: A searchable database created by one or more cameras and computer algorithms that read license plates and convert the images into data. The bill notes that ALPR does not include a traffic safety camera system.
• Automated license plate recognition system (ALPR system): The same term used to describe the ALPR technology and its data.
• Government entity: An entity defined in state law (specific statutory definition in 13.02, subdivision 7a).
• Law enforcement agency: An agency defined in state law (specific statutory definition in 626.84, subdivision 1).

Main Provisions

• Government use prohibited; warrant required
  • A government entity cannot use an ALPR system, collect data for ALPR use, or disseminate ALPR data.
  • A law enforcement agency may not collect, receive, or access ALPR data without a judicial warrant.
• Private use regulated
  • If a private party collects ALPR data, they must post clearly visible signs informing drivers that an ALPR system is in use.
  • A private party may not sell, transfer, share, or disseminate ALPR data about a person or their vehicle without the person’s affirmative consent, a court order, or a judicial warrant.
  • ALPR data is treated as personal data under Minnesota law and is subject to the state’s data privacy provisions.
• Data retention and destruction
  • The bill requires destruction of ALPR data held by law enforcement when the data was collected under a prior statute (13.824), unless the data is active or inactive criminal investigative data. The destruction must occur within seven days after the section’s effective date, and the agency must notify the Bureau of Criminal Apprehension when destruction is complete.
• Repeal of prior ALPR statutes
  • The bill repeals Minnesota Statutes 2024 sections 13.824 and 626.8472.

Significant Changes to Existing Law

• Government access and use of ALPR data would be heavily restricted or prohibited without a judicial warrant, shifting away from broader data collection and sharing practices.
• Private parties would face stricter controls on who can access or disseminate ALPR data, requiring consent, court orders, or warrants.
• A clear, time-bound data destruction requirement would eliminate most older ALPR data held by law enforcement, with limited exceptions for ongoing criminal investigative data.
• Older ALPR statutes (13.824 and 626.8472) would be repealed, removing their prior framework and authorities.

Compliance and Impact Considerations

• Law enforcement agencies must secure judicial warrants to access ALPR data, reducing incidental data gathering and potential misuse.
• Private entities would need to prominently inform drivers and obtain consent or court authority before sharing ALPR data, enhancing privacy protections.
• The seven-day destruction timeline creates a rapid data purge requirement for agencies that relied on the earlier statute, affecting record-keeping practices.
• Repeal of older statutes may require agencies and private entities to adjust to the new reporting and data-handling requirements.

Summary of Practical Effects

• Individuals: Increased privacy protection from government tracking via ALPR; reduced risk of broad data sharing without consent or legal process.
• Government and law enforcement: Narrowed use of ALPR data and new obligations to obtain warrants; accelerated data destruction for older ALPR data.
• Private sector: Stricter controls on collecting, sharing, and disseminating ALPR data about individuals or vehicles.

Relevant Terms

ALPR, automated license plate reader, ALPR system, government entity, law enforcement agency, judicial warrant, data destruction, personal data, dissemination, consent, court order, active criminal investigative data, inactive criminal investigative data, BCA (Bureau of Criminal Apprehension), Minnesota Statutes 13.824, Minnesota Statutes 626.8472, repeal.