ALPR data are defined as data from an electronic device, either mounted on a law enforcement vehicle or positioned in a stationary location. This device must record data on vehicles, such as photographs or license plates, and compare these data to existing law enforcement databases.
ALPR data are classified in Minn. Stat. sec. 13.824 as private data or individuals or nonpublic data. However, any ALPR data that fall under Minn. Stat. sec. 13.82 subds. 2, 3, or 6 are public data. If other ALPR data are part of an active criminal investigation those data are classified under Minn. Stat. sec. 13.82 subd. 7. For more information on 13.82 classifications, visit our Law Enforcement Overview page.
Public Log
Law enforcement entities using ALPRs must maintain a public log of its use. This log must include:
A list of all state and federal databases with which the data were compared, unless the existence of the database is classified as not public (Minn. Stat. sec. 13.824 subd. 5(a)(2));
For each period of ALPR use, the number of vehicles or license plates where the data identify a vehicle or license plate that has been stolen, the number of vehicles or license plates where there is a warrant for the arrest of the owner of the vehicle, or an owner with a suspended or revoked driver's license of similar category, and the number of vehicles or license plates that are active investigative data. (Minn. Stat. sec. 13.824 subd.5(a)(3))
Access to ALPR Data
In addition to required procedures and safeguards to data access as required by Minn. Stat. sec. 13.05 subd. 5, Minnesota Statutes 13.824 has additional requirements for accessing ALPR data.
Written procedures for ALPR data access is required. Access must be for a legitimate, specified, and documented law enforcement purpose. (Minn. Stat. sec. 13.824 subd.7(b))
ALPR data that are not part of an active criminal investigation may be shared with another law enforcement agency if the sharing meets the written procedure requirements from subd. 7(b). (Minn. Stat. sec. 13.824 subd. 4)
Access to ALPR data must be based on a reasonable suspicion that the data are pertinent to an active criminal investigation. Access must include a record of the factual basis for the access and associated case numbers, complaints, or incidents. (Minn. Stat. sec. 13.824 subd.7(b))
All queries and responses, and actions where data are entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. Data in the audit trail are public. (Minn. Stat. sec. 13.824 subd.7(c))
In addition to the data audit trail, biennial audits of ALPR data are required. Guidelines for these audits are available on the ALPR audit tab.
Miscellaneous Requirements
Entities may only use ALPR devices to collect license plate numbers, the dates, time and location data on vehicles, and pictures of license plates, vehicles, or area surrounding the vehicle. Collection of other data with ALPR devices is prohibited.(Minn. Stat. sec. 13.824, subd. 2(a))
ALPR data must be matched only with data from the Minnesota license plate data file, unless the data relate to an active criminal investigation. (Minn. Stat. sec. 13.824 subd.2(c))
ALPR data that are not part of an active criminal investigation must be destroyed no later than 60 days from the date collected. The 60 day destruction requirement does not apply to the public log of ALPR use. (Minn. Stat. sec. 13.824 subd. 3)
Law enforcement must maintain a list of current or previous locations to stationary or fixed ALPRs, including surveillance devices with ALPR capability. These lists must include dates at those locations. (Minn. Stat. 13.824 subd. 5(b))
Law enforcement must notify the Bureau of Criminal Apprehension within ten days of installation or current use of an automated license plate reader or integrating ALPR technology into another surveillance device (Minn. Stat. sec. 13.824 subd. 8(a))
The Bureau of Criminal Apprehension must maintain a list of law enforcement agencies using ALPR devices, including their locations. (Minn. Stat. sec. 13.824 subd. 8(b))
ALPR Audit Guidance
Law enforcement agencies must arrange of an independent, biennial audit of their use of ALPR devices and data. Within 30 days of completing this audit, the agency must submit a summary of the audit's results to the Commissioner of Administration for review. This audit summary must also be provided to the chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over data practices and public safety issues. (Minn. Stat. sec. 13.824 subd. 6(c))
The Commissioner of Administration may order an agency to arrange for additional independent audits upon belief that the agency is not complying with the ALPR law. The Commissioner may issue an order of suspension upon determining that there is a pattern of substantial noncompliance by the agency. Before issuing the order, the Commissioner will provide the agency with a reasonable opportunity to respond to the audit's findings. If the Commissioner issues an order of suspension, the agency must immediately suspend operation of all ALPR devices until the Commissioner has authorized the agency to reinstate use. (Minn. Stat. sec. 13.824 subds. 6(a) and (b))
What will the Commissioner look for in the audit summary?
The law enforcement agency must maintain records showing the date and time automated license plate reader data were collected and the applicable classification of the data.The biennial audit should review these records to report on the following:
Whether data currently in the records are classified;
