ACLU and EFF Challenge San Jose’s Flock Surveillance Network

Lawyers from 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 license plate-reading surveillance cameras. The case asserts that the city’s nearly 500 cameras have created an extensive and pervasive surveillance network that tracks residents’ movements, potentially violating their privacy rights and California’s constitutional protections. The lawsuit, filed on behalf of multiple advocacy groups including the Services, Immigrant Rights & Education Network and Council on American-Islamic Relations, California, seeks to require law enforcement to obtain a warrant before accessing data from Flock’s system. This legal challenge is part of a broader trend of litigation against similar programs in other cities, including a similar case in Norfolk, Virginia, where efforts are underway to shut down Flock’s network entirely.

According to the lawsuit, San Jose’s use of ALPR technology sets it apart due to its scale and retention of location data for an entire year, far exceeding the practices of most other California agencies. The plaintiffs argue that the city’s surveillance infrastructure is particularly invasive because the majority of residents rely on driving for daily commutes, errands, and essential services, making it nearly impossible to avoid the system. The ACLU of Northern California and EFF’s legal team emphasized that while ALPR systems are common in the state, the city’s approach—retaining location data for prolonged periods—raises significant concerns about privacy and overreach. This case highlights ongoing debates about the ethical, legal, and practical implications of mass surveillance technologies in urban environments.