The American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) have filed a lawsuit against San Jose, California, over its deployment of Flock’s license plate-reading surveillance cameras. The legal action was initiated on behalf of the Services, Immigrant Rights & Education Network and the Council on American-Islamic Relations, California, and argues that the city’s nearly 500 cameras create a pervasive database of residents’ movements, establishing an invasive surveillance network that is hard to avoid. This lawsuit comes as part of a larger trend challenging the use of automatic license plate readers (ALPRs) by local governments, with similar cases being pursued in other cities.
According to the lawsuit, San Jose’s ALPR program stands out in its invasiveness compared to other cities in California. While many agencies operate ALPR systems, few retain the locations of drivers for an extended period, such as the city’s practice of storing data for an entire year. The legal team argues that the pervasive use of these cameras makes it nearly impossible for most residents to go about their daily routines without being tracked. This is particularly concerning given the city’s reliance on driving for essential services like commuting, school pickups, and medical care.
The lawsuit seeks to compel law enforcement agencies to obtain warrants before accessing the Flock license plate data, asserting that the surveillance violates California’s constitutional privacy protections. This case is one of the highest-profile challenges to Flock’s operations, with a similar effort in Norfolk, Virginia, aiming to shut down the company’s network there entirely. The legal battle highlights growing concerns over the balance between public safety and individual privacy rights in the context of advanced surveillance technologies.