Automated License Plate Reader (ALPR) - Adoption, Use, and Data Retention Policies (Vermont State Police)

Dave Maass
MuckRock News
DEPT MR 65995
411A Highland Ave.
Somerville, MA 02144-2516
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Maass,

I am writing regarding your public records request, dated December 13, 2018 and addressed to the Vermont State Police ("VSP") PRA Office, for the following:

Materials related to this agency's acquisition of, access to, preservation of, or disclosure of automated license plate readers (ALPR) or ALPR data:

1. Policies related to the adoption of ALPR technology, including those guiding the procurement process or necessary administrative obligations before acquisition.

2. Training policies, requirements, and materials for automatic license plate reader system operators.

3. Databases used to compare data obtained by the automatic license plate reader system.

4. Policies related to the retention and security of captured ALPR data, including those regarding:
- the length of time after capture that data may be preserved
- exceptions to general data preservation policies
- internal data security and access
- data destruction

5. Policies related to the sharing of captured ALPR data by this agency with other agencies, including those directing:
- the manner in which another agency may request data
- the circumstances under which captured data may be shared, and
- the responsibilities of the recipient agency in regards to data retention and use.
- access by this agency to data obtained by automatic license plate reader systems not operated by the law enforcement agency.

Please also provide the number of requests made by outside agencies, if applicable.

6. Policies related to the sale of data or the sharing of data with non-law enforcement actors.
- If applicable, please provide all agreements between this agency and non-law enforcement actors.

7. Policies regarding oversight of automatic license plate reader system use.

8. Audit Reports

9. Policies related to maintenance and calibration.

Please also provide maintenance and calibration schedules and records for the system on file.

10. Any other policies or reports on subjects related to automatic license plate reader system use by the agency.

Because of the need to search for, collect, and appropriately examine a potentially "voluminous amount of separate and distinct records that are demanded in a single request," as well as the potential "need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request," the ten business day extension is invoked to process your request. See 1 V.S.A. § 318(b)(5)(B) and (C).
Depending on the amount of records requiring review, we may need additional time beyond the ten days. If this circumstance arises, we will notify you as soon as possible.

Sincerely,

Grier D. Martin
Public Records Request Specialist
Vermont Department of Public Safety
45 State Drive
Waterbury, VT 05671
Phone: (802) 241-5378
Email: Grier.Martin@vermont.gov<mailto:Grier.Martin@vermont.gov>

The information transmitted by the following e-mail is intended only for the addressee and may contain confidential and/or privileged material. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you received this communication in error, please contact us immediately at 802-244-8727 and delete this email from your computer or network system. Thank you.

Dave Maass
MuckRock News
DEPT MR 65995
411A Highland Ave.
Somerville, MA 02144-2516
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Maass,

I am writing regarding your public records request, dated December 13, 2018 and addressed to the Vermont State Police ("VSP") PRA Office, for the following information regarding Automated License Plate Recognition (ALPR) data:

1. The names of agencies and organizations with which the Agency shares ALPR data;

2. The names of agencies and organizations from which the Agency receives ALPR data;

3. The names of agencies and organizations with which the Agency shares "hot list" information;

4. The names of agencies and organizations from which the Agency receives "hot list" information;

5. The aggregate number of "detections" (i.e. license plate scans and associated data) collected during 2016;

6. The aggregate number of detections collected during 2017;

7. The aggregate number of detections collected during 2018;

8. The aggregate number of "hits" (i.e. times that a plate on a hotlist was detected) during 2016;

9. The aggregate number of "hits" during 2017;

10. The aggregate number of "hits" during 2018.

Please see attached the following three records, which contain the information requested in items 1 through 7, 9 and 10 above: Annual Report to the Vermont Senate and House Committees on Judiciary and Transportation as required by: 23 V.S.A. § 1607 Automated License Plate Recognition Systems for 2018, 2017 and 2016. These reports can also be found online at: https://legislature.vermont.gov/reports-and-research/find/2020

In the attached records, the data for "readings" should correspond to your request for "detections," and the data for "alerts" should correspond to your request for "hits."

Please note that regarding item 5 above, only the aggregate number of readings collected from July 1, 2015 to December 31, 2016 is available, as shown in the attached 2016 report.

Please also note that the Department of Public Safety ("DPS"), of which VSP is a Division, does not have any record of the information requested in item 8 above.

DPS considers this request closed.

Sincerely,

Grier D. Martin
Public Records Request Specialist
Vermont Department of Public Safety
45 State Drive
Waterbury, VT 05671
Phone: (802) 241-5378
Email: Grier.Martin@vermont.gov<mailto:Grier.Martin@vermont.gov>

The information transmitted by the following e-mail is intended only for the addressee and may contain confidential and/or privileged material. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you received this communication in error, please contact us immediately at 802-244-8727 and delete this email from your computer or network system. Thank you.

Dave Maass
MuckRock News
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Maass,

I am writing regarding your public records request, dated December 13, 2018 and addressed to the Vermont State Police ("VSP") PRA Office, for "materials related to this agency's acquisition of, access to, preservation of, or disclosure of automated license plate readers (ALPR) or ALPR data."

Please note that the VSP no longer makes use of the Automated License Plate Recognition system. However, the Vermont Intelligence Center ("VIC"), which is a Division of the Vermont Department of Public Safety ("DPS"), maintains the ALPR database, which is still used by local police and sheriffs' departments in Vermont.

Please see below our responses to each item of your request.

1. Policies related to the adoption of ALPR technology, including those guiding the procurement process or necessary administrative obligations before acquisition.

Please see attached the State of Vermont's Agency of Administration Bulletin No. 3.5, Procurement and Contracting Procedures, effective July 1, 2016, revised December 12, 2018.

1. Training policies, requirements, and materials for automatic license plate reader system operators.

Please see 23 V.S.A. § 1607(b), attached here.

1. Databases used to compare data obtained by the automatic license plate reader system.

DPS does not use a database to compare data obtained by the ALPR system. See 1 V.S.A. § 318(b)(4).

1. Policies related to the retention and security of captured ALPR data, including those regarding:
- the length of time after capture that data may be preserved
- exceptions to general data preservation policies
- internal data security and access
- data destruction

Please see 23 V.S.A. § 1607(d), attached here.

1. Policies related to the sharing of captured ALPR data by this agency with other agencies, including those directing:
- the manner in which another agency may request data
- the circumstances under which captured data may be shared, and
- the responsibilities of the recipient agency in regards to data retention and use.
- access by this agency to data obtained by automatic license plate reader systems not operated by the law enforcement agency.

Please see 23 V.S.A. § 1607(c), attached here.

Please also provide the number of requests made by outside agencies, if applicable.

We have previously supplied you with the Annual Reports to the Vermont Senate and House Committees on Judiciary and Transportation as required by 23 V.S.A. § 1607 Automated License Plate Recognition Systems for 2018, 2017 and 2016. The number of requests made by outside agencies for those years are supplied in those reports. If you are requesting the number of requests for other years please contact us.

1. Policies related to the sale of data or the sharing of data with non-law enforcement actors.
- If applicable, please provide all agreements between this agency and non-law enforcement actors.

DPS does not sell ALPR data to non-law enforcement actors.

Regarding policies on sharing data with non-law enforcement actors, please see 23 V.S.A. § 1607(c), attached here.

DPS does not have any agreements regarding ALPR data with non-law enforcement actors. See 1 V.S.A. § 318(b)(4).

1. Policies regarding oversight of automatic license plate reader system use.

Please see 23 V.S.A. § 1607(e), attached here.

1. Audit Reports

Please see the attached Report on Statutory Compliance of Automated License Plate Recognition Systems in Vermont presented by the Office of the State Auditor on September 27,

2018 to Representative Maxine Grad, Senator Dick Sears, Jr., Representative Patrick Brennan and Senator Dick Mazza.

1. Policies related to maintenance and calibration.

Please see 23 V.S.A. § 1607(d), attached here.

Please also provide maintenance and calibration schedules and records for the system on file.

Please see the answer above.

10. Any other policies or reports on subjects related to automatic license plate reader system used by the agency.

Please see attached the Privacy Policy of the VIC, dated July 15, 2016, and the VSP Rules and Regulations Section DIR-418. Please note that the latter is no longer in use because

VSP no longer uses the ALPR system.

DPS considers your request closed.

Sincerely,

Ms. Grier D. Martin
Public Records Request Specialist
Vermont Department of Public Safety
45 State Drive
Waterbury, VT 05671
Phone: (802) 241-5378
Email: Grier.Martin@vermont.gov<mailto:Grier.Martin@vermont.gov>

The information transmitted by the following e-mail is intended only for the addressee and may contain confidential and/or privileged material. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you received this communication in error, please contact us immediately at 802-244-8727 and delete this email from your computer or network system. Thank you.