Bill
HB 5151
Illinois ALPR use is tightly regulated with limited authorized uses, strict retention and privacy protections, and a strong private right of action for violations.
Title: Automated License Plate Recognition System Act
Effective: Immediate
Jurisdiction: Illinois
Author: Rep. Kelly M. Cassidy
Purpose
- Establishes a comprehensive framework governing the use, retention, privacy, and oversight of Automated License Plate Recognition (ALPR) systems in Illinois.
- Seeks to balance law enforcement and governmental use of ALPR technology with privacy protections, transparency, and accountability.
- Adds a private right of action for violations and makes conforming changes to the Freedom of Information Act.
Key Definitions
- ALPR, ALPR system, ALPR user: Various terms describing the hardware, software, cameras, and personnel that operate ALPRs and manage data.
- Captured plate data: Data collected by ALPRs, including license plate numbers, images, timestamps, GPS coordinates, and vehicle characteristics.
- Biometric identifier/information: As defined by relevant privacy laws (for related restrictions).
- Foreigner-related terms: Distinctions between foreign entities/entities and state/local government entities.
- Hot list: A predefined list used to flag plates relevant to ongoing investigations.
- Forcible felony: A specific set of serious offenses used for certain data retention and sharing predicates.
- Government entity vs. law enforcement agency: Distinctions clarified for scope of use and compliance.
Main Provisions
1) Authorized Uses (Section 10)
- Law enforcement and government entities may use ALPR data only when authorized.
- Authorized uses include:
- Matching captured data against Amber Alert, Silver Search, Endangered Missing Person advisories, FBI kidnapping/missing persons lists.
- Cross-checking with Secretary of State and Illinois State Police data systems.
- Manual data entry scenarios where a plate is relevant to a listed condition (missing person, stolen vehicle, hit-and-run, felony warrant, forcible felony).
- For government entities: electronic tolling, parking enforcement, and access control to secured areas.
- Tracking vehicles of foreign entities/employees for investigations into unlawful activities (e.g., political protests, immigration enforcement without order, vehicle tampering, or other state-law/agency-specific concerns).
- Real-time data updates required at the start of each shift; justification for any manual plate entry must be documented.
2) Data Retention (Section 15)
- Captured plate data may be deleted within 3 days unless retained for:
- Specific unlawful conduct evidence (e.g., confirmed hits) until the investigation resolves or charges are concluded.
- Reasons tied to Section 10 subsections (b, d) and related investigations.
- Documenting conduct of federal agencies under subsection (d)(6) with specific conditions.
- Preservation/disclosure orders and valid criminal warrants under Fourth Amendment protections.
3) Prohibited Uses (Section 20)
- Ban on selling or leasing captured plate data; no sharing with foreign entities except under warrant.
- Prohibitions on using data for non-criminal profiling (political views, health care access, race/ethnicity, religion, etc.).
- Prohibitions on monitoring political protests or immigration enforcement without proper authority.
- Prohibitions on creating databases/mass surveillance targeting First Amendment activities or health-care access.
- Vendors cannot collude to enable prohibited law enforcement sharing without proper authorization.
4) Restrictions on Use (Section 25)
- Vendors must prevent default access to national ALPR databases and limit cross-entity access.
- Data sharing requests must meet strict in-state, out-of-state, or federal criteria with proper declarations, case files, warrants, or disclosure orders.
5) Requirements for Use (Section 30)
- Pre-use public briefing and comment: agencies must present to the public about ALPR use, including technology, vendors, authorized uses, and privacy considerations; public feedback must be sought.
- If previously approved ALPR use existed, agencies must provide a prior public briefing detailing changes to comply with the Act or halt operations until briefing is completed.
- Adoption of a formal ALPR usage and privacy policy, posted publicly, detailing:
- Authorized uses and purposes for data collection.
- Data sharing rules and privacy protections.
- Data accuracy, retention limits, and error correction processes.
- Personnel authorized to access data and training/screening requirements.
- Data security measures and system audits.
- Disciplinary actions for violations.
6) Data Handling and Auditing (Section 40)
- Agencies must collect extensive reporting data on ALPR usage, devices, vendors, data shared, requests, and retention decisions.
- Includes specifics on:
- Number and type of ALPRs and vendors.
- Details of data sharing agreements and compliance.
- Requests received and responses, both in-state and out-of-state, including federal requests.
- Unauthorized uses, data breaches, audits, and enforcement actions.
7) Preservation and Disclosure (Section 35)
- Law enforcement can preserve specific data for up to 30 days pending a court order if a retention request is made with a sworn statement detailing the scope and intent to seek a court order within five days.
- If no court order is sought or the order is denied, preserved data must be destroyed within 24 hours.
8) Admissibility and Privacy (Sections 50, 55)
- Evidence obtained in violation of the Act is presumptively inadmissible, with potential exceptions for Fourth Amendment reasons or good-faith actions.
- Captured plate data is not a public record; disclosure is limited to vehicle registrant or with written consent, with privacy-focused redactions and protections.
9) Penalties and Private Right of Action (Sections 60, 65)
- Penalties for official misconduct or violations by officers/employees; contracts with vendors can be voided for violations.
- Private right of action:
- Victims can pursue damages for negligent ($1,000) or intentional/reckless ($5,000) violations, plus attorney’s fees and other relief.
- Vendors can be sued for civil penalties of up to $10,000 per violation, plus injunctive relief and attorney’s fees.
- Violations by agencies/vendors can trigger additional remedies, including separate suits for injuries or damages to business.
10) FOIA Conforming Change (Section 900)
- Updates to the Illinois Freedom of Information Act (5 ILCS 140/7) exemptions to align with ALPR privacy protections, clarifying redaction and privacy safeguards.
Who Would Be Affected
- Law enforcement agencies and other state/local government entities using ALPRs.
- ALPR vendors and contractors providing hardware/software/services.
- The Illinois Secretary of State and related data systems (e.g., ISP data, Amber/Silver lists).
- Private individuals whose license plate data could be captured, stored, or disclosed.
- Public through mandated annual reporting, policy disclosures, and public briefings.
Timeline/Procedural Aspects
- Effective immediately upon enactment.
- Requires pre-use public presentations and ongoing annual reporting beginning after the act takes effect.
- Data retention and destruction timelines impose swift disposal unless a court order or specific investigative need justifies retention.
- FOIA exemptions adjusted to protect ALPR-related data unless legally disclosed.
Bottom Line
HB5151 creates a tightly regulated ALPR regime in Illinois, emphasizing privacy, data minimization, transparency, and accountability. It introduces strict use limits, retention controls, redactions, mandatory public processes, and a strong private right of action to deter misuse. The act also imposes rigorous reporting and oversight requirements on agencies and vendors.
Compiled from official sources — confirm details with the bill’s official record.
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