Automated License Plate Readers — Data Access And Control

TITLE 49 MOTOR VEHICLES CHAPTER 14 TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS 49-1432. automated license plate readers — data access and control. (1) For the purposes of this section: (a)  "Agency" means the state of Idaho, any political subdivision of the state of Idaho, or any agency thereof. (b)  "Automated license plate reader" means a device that passively records license plates of vehicles on a roadway or any similar device. (c)  "Traffic flow analysis" means the study and real-time use of data regarding vehicles moving through a transportation network in order to improve traffic flow, reduce congestion, and increase safety. (2)  An agency may use an automated license plate reader and its data for law enforcement purposes, traffic flow analysis purposes, or both. An agency that uses an automated license plate reader for law enforcement purposes shall do so pursuant to the following requirements: (a)  The device and its data shall not be used for any purpose other than the investigation of felony or misdemeanor crimes or traffic accidents or to search for missing or endangered persons; and (b)  The device and its data shall not be used to enforce traffic infractions other than those associated with a traffic accident. (3)  Access to automated license plate reader data shall be limited to an agency’s authorized personnel. Agencies shall implement access controls to ensure that only individuals with appropriate clearance are able to retrieve automated license plate reader data. (4)  Except as expressly allowed pursuant to this section, automated license plate reader data shall not be used for any non-law enforcement purpose, including but not limited to personal use, political activity, or surveillance unrelated to the purposes described in subsection (2)(a) of this section. (5)  A person who misuses automated license plate reader data pursuant to subsection (4) of this section shall be subject to discipline, administrative penalties, and criminal prosecution, if applicable. (6)  Each agency that uses automated license plate readers shall conduct mandatory training for all authorized users regarding data privacy, legal compliance, and ethical use of automated license plate reader systems. (7)  All access to and queries of automated license plate reader data shall be logged in a secure audit system to include user identity, date, time, and the purpose of access. (8)  Agencies shall conduct semiannual audits of automated license plate reader data access logs to detect and address any unauthorized or suspicious activity.