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HomeMy WebLinkAboutCSS 2026-03-23 Item 2A - Update - Senate Bill 6002: Driver Privacy ActCity of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 2.A. Agenda Item Senate Bill 6002 — Driver Privacy Act Sponsor Laurel Humphrey Legislative History March 23, 2025 Community Services & Safety Committee Recommended Motion © Discussion Only ❑ Action Requested EXECUTIVE SUMMARY Overview of Senate Bill 6002 regulating automated license plate readers (ALPRs) DISCUSSION The City Council has been engaged in discussions about ALPRs over the course of many meetings beginning in 2025, and in January the Mayor announced an internal review and assessment of third - party vendor risk management, including with Flock. Staff is preparing a presentation on findings and recommendations to the Council in April. In response to community concerns, the City Council included support for state action on ALPRs in its 2026 Legislative Agenda adopted by Resolution 2133. The Washington State Legislature recently passed SB 6002, which regulates the use of ALPRs by law enforcement, restricts data retention, and requires agency policies, reports, and audits. The bill is still waiting for the Governor's signature, which is expected. Attached for the committee's reference is the Final Bill Report summarizing the legislation. Tukwila PD is currently evaluating impacts and implementation and will keep the Council informed on related policy -making. ATTACHMENTS Final Bill Report ESSB 6002 102 FINAL : ILL ESS 6002 EP 1 • Brief Description: Concerning driver privacy protections. Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Trudeau, Holy, Alvarado, Bateman, Chapman, Conway, Dhingra, Frame, Hasegawa, Kauffman, Lovelett, Nobles, Pedersen, Shewmake, Slatter, Stanford and Valdez). Senate Committee on Law & Justice House Committee on Civil Rights & Judiciary Background: Automated license plate readers (ALPRs) capture images that can be read by computers. The technology is used by law enforcement to compare plate numbers against plates of stolen cars or cars driven by individuals wanted on criminal charges. The technology may also be used for non -law enforcement purposes including but not limited to transportation research, commercial vehicle enforcement, parking enforcement, and toll enforcement. Devices using ALPR systems may be mobile, deployed in vehicles, or stationary, affixed to traffic lights or buildings, and are placed in a variety of locations for the maximum utility. At least 16 states have enacted laws regulating the use of ALPR systems and the data captured by those systems. Washington State does not have a state law regulating ALPR systems. Summary: Operation. ALPR use by an agency is unlawful except for: • law enforcement when comparing data to databases for stolen vehicles, missing or endangered persons, persons on the National Center for Missing and Exploited Children list, vehicles registered to persons with felony or gross misdemeanor warrants, or investigations related to vehicles involved in a felony or gross misdemeanor; • parking enforcement agency, including cities, counties, the Department of Enterprise Services and defined institutions of higher education, when enforcing time restrictions on parking uses, or identification of vehicles on a watch list for impoundment; and • transportation agencies when real-time traffic information for the public, studies such as delays or commercial vehicle enforcement at weigh stations. This analysis was prepared by non -partisan legislative stafffbr the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent. Senate Bill Report - 1 - ESSB 6002 103 State and local agencies operating ALPR systems are the legal owners of the associated ALPR data. Prohibitions. ALPR use is prohibited for immigration investigation or enforcement, tracking protected activities free speech or collecting data near protected health care or immigration facilities. ALPR use is prohibited on the premises or immediate surrounding of schools, places of worship, courts, or food banks. Certification. Agencies must register ALPR systems with the attorney general, and certify that: • the ALPR system is in compliance with the law; • there are policies in place governing its use; and • a documented training process for the officers who will use it. A positive ALPR match alone does not justify a vehicle stop, officers need independent reasonable suspicion. Data Retention. ALPR data must be deleted within 21 days, except for: • probable cause felony or gross misdemeanor warrants or subpoenas when data must be deleted at the end of the case, pursuant to the record retention schedule ALPR data may be shared in discovery according to court rules; • when permitted by court order in criminal or civil cases; • parking enforcement when data must be deleted 12 hours after final disposition; • traffic studies when data must be deleted 30 days after collection; • commercial vehicle enforcement when data must be deleted six months after collection; and • law enforcement purposes that may be retained as long as needed for evidence of specified unlawful purposes. Other Prohibited Practices. An agency may not disclose, share, or permit access to ALPR data except in judicial proceedings. No direct access may be shared except for other state or local agencies authorized to collect ALPR data, or for third party vendors providing ALPR services. Watch lists must be updated every 24 hours. An agency may not sell, lease, or purchase ALPR data. An agency my obtain private ALPR data only via warrant. ALPR vendors are prohibited from selling, leasing, renting, or otherwise allowing access to ALPR data to any nonauthorized agency, person, or entity. Public Records. ALPR data is exempt from public records disclosure except for bona fide research that does not contain individually identifiable information. Admissibility. ALPR data obtained in knowing violation of this law is inadmissible in court, except by a person who is bringing a lawsuit for damages for the violation of this law. Policies and Reporting. By July 1, 2027, the attorney general must develop model policies Senate Bill Report - 2 - ESSB 6002 104 on the use of ALPR systems. Agencies must adopt compliant policies by December 1, 2027, submit them to the attorney general, and provide annual reports such as, matches leading to arrests, data sharing, and audits. Prior to implementation, local agencies shall promote public awareness of ALPR systems. Agencies that adopt policies must publish the policies on their agency website. Audits. Agencies must maintain two year audit trails for all access of ALPR data including the identity of the user, date of access, search terms, and sharing details. Annual internal audits are required for compliance with this law. Consumer Protection Act. A violation of this law is a violation of the Consumer Protection Act. A private right of action exists under this law for violations of the Consumer Protection Act. This provision applies only to persons who enter into contract with state and local government agencies authorized to use ALPR systems. Penalties and Remedies. Willful violations of this law are gross misdemeanors. Injured parties can sue for damages, injunctions, and attorney fees. Votes on Final Passage: Senate 40 9 House 84 10 (House amended) Senate 39 10 (Senate concurred) Effective: The bill contains an emergency clause and takes effect immediately. Senate Bill Report - 3 - ESSB 6002 105