The American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) have filed a lawsuit against the city of San Jose, California, over its deployment of Flock’s automatic license plate reader (ALPR) cameras. The lawsuit claims that the city’s nearly 500 cameras have created a pervasive surveillance network that violates residents’ privacy rights. The suit was filed on behalf of the Services, Immigrant Rights & Education Network and Council on American-Islamic Relations, California, arguing that the city’s retention of license plate data for up to a year undermines California’s constitutional protections. Legal representatives from the ACLU and EFF emphasize that the city’s extensive use of ALPRs makes it nearly impossible for residents to avoid being tracked, raising serious concerns about the balance between public safety and individual privacy.
While many California agencies operate ALPR systems, few retain the locations of drivers for an entire year, as San Jose does. The lawsuit highlights that most residents of San Jose rely on driving for daily activities such as commuting, picking up children, or obtaining medical care, making the city’s surveillance network particularly invasive. The suit seeks to require police to obtain a warrant before accessing Flock’s license plate data, which would significantly alter how the city handles surveillance. This case is part of a broader legal challenge against Flock, with a similar lawsuit in Norfolk, Virginia, aiming to shut down the company’s network entirely in that city. The ACLU of Northern California and EFF’s legal team have described San Jose’s ALPR program as an exceptional case of invasive surveillance within the state.