The American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) have filed a lawsuit against the city of San Jose, California, over its deployment of Flock’s automatic license plate recognition (ALPR) cameras. The suit argues that the city’s nearly 500 cameras create a pervasive surveillance network that infringes on residents’ privacy, as the system retains data on individuals’ movements for up to a year. This case is notable for its scale; no other city in California maintains such extensive long-term tracking of drivers through ALPR technology.
The legal action was taken on behalf of the Services, Immigrant Rights & Education Network and Council on American-Islamic Relations, California, who claim that San Jose’s ALPR program violates both state and federal privacy protections. The lawsuit seeks to mandate that law enforcement obtain a warrant before accessing data from Flock’s system, emphasizing the need for transparency and accountability in public surveillance. This case is part of a growing trend of legal challenges against the use of automated surveillance technologies in the United States.
The ACLU and EFF lawyers have highlighted the unique nature of San Jose’s program, noting that most residents are unable to avoid the system due to its widespread coverage of the city’s roads. This makes the surveillance particularly invasive, as it captures data on daily routines, including commuting, medical care, and personal errands. The legal team argues that the city’s approach sets a dangerous precedent for other jurisdictions, underscoring concerns over the erosion of privacy rights in an increasingly data-driven society.