Automated License Plate Reader Data

Minnesota Statutes sec. 13.824 classifies data from automated license plate readers and creates documentation and audit requirements.

ALPR Overview
Audit Guidance
Public Log
Law Enforcement Access
Misc. Requirements

ALPR Overview

Automated license plate reader (ALPR) data are classified by Minn. Stat. sec. 13.824.

Classification

An ALPR is an electronic device, either mounted on a law enforcement vehicle or positioned in a stationary location that records data on vehicles, such as photographs or license plates, and compares these data to existing law enforcement databases.

Data collected by an ALPR 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.

Law enforcement agencies must record all queries and responses, and all actions in which ALPR data are entered, updated, accessed, shared, or disseminated, in a data audit trail. Data contained in the audit trail are public, to the extent that the data are not otherwise classified by law (Minn. Stat., sec. 13.824, subd. 7(c)).
ALPR Audit Guidance

Law enforcement agencies must arrange for an independent, biennial audit of their use of ALPRs. Within 30 days of completing this audit, the agency must submit a summary of the audit's results to the Commissioner of Administration, to the Legislative Commission on Data Practices, and to the chairs and ranking minority members of:
- House Judiciary Finance and Civil Law
- House Public Safety Finance and Policy
- Senate Judiciary and Public Safety
(Minn. Stat. sec. 13.824 subd. 6(c)).

The Commissioner has authority to review the summary and determine whether additional audits are needed. (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;
- How the data are used;
- Whether data are destroyed as required under Minn. Stat. sec. 13.824 subd. 3;
- Verification of compliance with access requirements as required by Minn. Stat. sec. 13.824, subd. 7
Checklist

The following checklist will assist agencies in preparing for the biennial audits.
- Document the date and time ALPR data were collected.
- Document data classification of the ALPR data.
- Document how the data are used.
- Document data retention policies and any data destruction.
- Document procedures assuring data accuracy, protection, and appropriate access. Incorporate the procedures into a policy. (Minn. Stat. sec. 13.284, subds. 7 and 8; Minn. Stat. sec. 13.05, subd. 5)
- Document compliance with data breach notification requirements, if applicable. (Minn. Stat. sec. 13.824, subd. 7(a); Minn. Stat. sec. 13.055)
- Considerations for vendors:
  - Review contracts with vendors and ensure that required language is included. (Minn. Stat. sec. 13.05, subds. 6 and 11)
  - Evaluate whether contractors allow or prohibit appropriate access. (Minn. Stat. sec. 13.284, subds. 7 and 8; Minn. Stat. sec. 13.05, subd. 11)
  - Review whether vendors destroy data appropriately. (Minn. Stat. sec. 13.824, subd. 3)
Public Log

Law enforcement agencies using ALPRs must maintain a public log of its use. This log must include:
- The specific times of day the ALPR actively collected data (Minn. Stat sec. 13.824 subd. 5(a)(1));
- The aggregate number of vehicles or license plates on which data are collected for each use (Minn. Stat. sec. 13.824 subd. 5(a)(2));
- The location of the ALPR reader, if at a stationary or fixed location (Minn. Stat. sec. 13.824 subd. 5(a)(4));
- 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))
Law Enforcement 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 are required. Access must be for a legitimate, specified, and documented law enforcement purpose. This purpose must be based on a reasonable suspicion that the data are pertinent to an active criminal investigation and should include a record of the factual basis for access and associated case numbers, complaints, or incidents. (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)
- 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 of 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))