Automatic license plate readers, or “ALPRs,” are becoming more common in homeowner and condominium associations. Flock Safety is the best-known provider, although other companies offer similar systems.
An ALPR is more than a traditional security camera. It photographs passing vehicles and uses software to identify the license plate, vehicle type, color, location, and time. The information is stored in a searchable database, usually for a limited period.
Why Are Associations Installing Them?
Associations generally install ALPR cameras at community entrances to help address:
- vehicle thefts and break-ins;
- trespassing;
- illegal dumping;
- damage to gates or common property;
- suspicious vehicles; and
- other reported criminal activity.
The cameras may provide useful information after an incident. They may also allow an association to provide vehicle information to law enforcement.
ALPR systems are already used by law enforcement in larger North Carolina cities, as well as some smaller municipalities and agencies. The State Bureau of Investigation has also supported a pilot program involving dozens of North Carolina law enforcement agencies.
Homeowner and condominium associations are now installing the cameras as well.
Why the Growing Concern?
The concern is not simply that a camera photographs a vehicle entering a neighborhood. Traditional security cameras have done that for years. The difference is that ALPR systems create information that can be searched by license plate, vehicle description, date, or time.
That information may help an association investigate a theft, collision, or other reported incident. However, it may also reveal when an owner leaves or returns home, who regularly visits a residence, or whether a home appears vacant. Depending on the system and its sharing settings, some users may also be able to search a larger network of cameras outside the community.
Some recent incidents have shown that ALPR systems can be misused, including by individuals conducting searches for personal rather than official reasons. Other concerns involve cybersecurity breaches, law enforcement access, vendor access, and how information is shared.
These concerns have produced opposition in some communities. Privacy groups have encouraged residents to question ALPR contracts, and some local governments have ended or reconsidered their use. In North Carolina, one city ended its Flock contract based on concerns about data privacy and control.
Boards should expect that an ALPR proposal may concern some owners. In that respect, the reaction may resemble recent debates in communities over data centers. What begins as a discussion about security can quickly become a larger debate about privacy, access to information, and whether owners were told enough before a decision was made.
That does not mean the technology is inappropriate. It does mean that a board may create unnecessary controversy if it approves cameras without explaining their purpose, limits, and safeguards.
Where Can the Cameras Be Installed?
A camera installed on association-owned property will usually present the fewest issues. The board should still confirm that the camera will not interfere with easements, utilities, landscaping, traffic visibility, or other property rights. The camera should generally be aimed at an entrance, exit, private road, or parking area rather than toward homes, windows, patios, pools, or other places where greater privacy may be expected.
If the proposed location is within a city or State-maintained road right-of-way, the association should obtain permission before installation. A city may have its own approval process.
The fact that a camera photographs vehicles traveling on a public road does not necessarily prevent its use. The more immediate question is whether the association has the right to place and maintain the equipment at that location.
What Does North Carolina Law Say?
North Carolina regulates ALPR systems operated by or on behalf of law enforcement agencies. Those agencies must adopt written policies addressing retention, sharing, training, security, access, supervision, and auditing.
Those requirements do not presently apply in the same manner to an HOA or condominium association operating a private system.
However, the issue has already reached the North Carolina General Assembly. A bill would have imposed requirements on private ALPR systems. However, no such legislation became law.
Other states have adopted laws governing private ALPR operators, data retention, access, security, sharing, and privacy policies. Given the expanding use of these systems and growing public interest, North Carolina may revisit the issue.
What Should an Association Do Now?
Even without a statute specifically governing private ALPR systems, an association should not install a license plate reader system without first adopting a written policy.
At a minimum, the policy should address:
- the purposes for which the system may be used;
- who may access or search the information;
- when a search is permitted;
- how long information will be retained;
- whether law enforcement has direct access;
- when information may be shared;
- how searches and disclosures will be logged and reviewed; and
- how records requests will be handled.
Access should be limited to as few people as reasonably possible. Searches should be tied to a reported incident, security concern, or other legitimate association purpose. The system should not be used to monitor an owner’s visitors, relationships, daily schedule, or personal activities.
The board should also review the vendor contract carefully. The association needs to understand:
The board should also review the vendor contract carefully. The association needs to understand who owns the information, who can access it, whether it becomes part of a larger network, how long it is retained, and whether the association can limit sharing with law enforcement or third parties.
Owners should generally be told what the system does, why it is being considered, and what safeguards will be adopted. Depending on the circumstances, the board may wish to survey the owners or seek member approval before moving forward.
The Bottom Line
ALPR cameras may be a useful security tool, particularly in communities experiencing vehicle crimes, trespassing, or property damage. However, they also create privacy, governance, and public relations concerns than ordinary security cameras.
North Carolina does not yet have a comprehensive statute governing HOA and condominium use of ALPR systems. Associations considering the technology should review their governing documents, confirm that the proposed location is authorized, examine the vendor agreement, communicate with owners, and adopt a clear written policy before the cameras become operational.
For assistance with Flock cameras, other ALPR issues, or other HOA and condominium concerns in North or South Carolina, contact one of the community association attorneys at Law Firm Carolinas.