(WTAQ-WLUK) — The use of Automatic License Plate Reader cameras is facing a courtroom challenge in Wisconsin.
The American Civil Liberties Union (ACLU) of Wisconsin and the Electronic Frontier Foundation are taking legal action against Green Bay, Milwaukee, Racine and Kenosha.
They’re asking the Wisconsin Supreme Court to require warrants for searches of data collected by Automatic License Plate Reader cameras, like Flock cameras.
“Jurisdictions across the country share the information and it can be used by any police departments or government entity that shared with to track an individual’s location history,” ACLU of Wisconsin Staff Attorney Wes Haslam said.
The ACLU is filing on behalf of the Wisconsin Council of Churches (WCC) and Green Bay pastor Melissa Pagel.
The WCC represents over 2,000 church congregations in Wisconsin.
Haslam said the churches offer programs like Alcoholics Anonymous and Domestic Violence.
The concern is these cameras infringe on privacy rights.
“These are things where the people attending these services would have a reasonable expectation that the government is not monitoring them, attending them, and does not know about it,” Haslam said.
Haslam said the goal of the lawsuit is to require the government to obtain a warrant to use data from these ALPR cameras.
Wisconsin has seen previous cases of law enforcement officers misusing data, most notably used for stalking.
“What we’d like to see is that there be some judicial restraints placed on the use of this mass surveillance technology. We don’t want law enforcement entities being able to self-police,” Haslam said.
Flock Safety is the ALPR camera company Green Bay currently uses.
The City of Green Bay says it does not comment on pending litigation.
In a statement, Flock said:
Flock’s license plate readers capture still, point-in-time images of vehicles visible in public, including license plates and limited vehicle characteristics. They do not use facial recognition and do not identify who is inside a vehicle.
More than 45 courts have determined that fixed license plate readers do not violate the Fourth Amendment or track the whole of an individual’s movements. In a recent California case, a Santa Clara County judge dismissed a lawsuit brought by the ACLU of Northern California and the Electronic Frontier Foundation challenging San José’s warrantless ALPR searches.
Flock supports clear legislation establishing guardrails for LPR use, including accountability, oversight and responsible data practices.
The ACLU hopes the case leads to better transparency and accountability of how law enforcement uses technology.
The Wisconsin Supreme Court will first have to decide whether to accept the petition before the case could move forward.
