California’s law regulating automated license plate recognition systems (ALPRs) (Civ. Code, §§ 1798.90.5–1798.90.55) governs ALPRs used as part of a system to control access to a parking garage or parking area, whether designed to limit use to residents, customers or monthly parkers, or designed to collect parking fees. More and more parking systems include ALPRs.
California’s ALPR law requires that operators of the systems and the end-user (the property owner or tenant in control of the parking area or garage), to have security procedures in place to protect the privacy of the car owner or operator, and have a publicly available policy regarding the security procedures, use of the data, and saving and deletion of such records. The law requires that the policy include twelve separate and specific topics. If you have an internet website, the policy must be conspicuously available on the website.
Car operators are entitled to actual damages and a minimum amount of $2500.00 per violation, plus punitive damages and attorney fees.
The recent San Francisco appellate case of Brendan P. Bartholomew v. Parking Concepts, Inc., holds that it is enough harm to trigger liability, if the car operator’s rights were violated by the absence of an appropriate security system to protect the data or by not having a publicly available policy statement. No additional damage or harm is needed.
Given the number of cars that go in and out of almost any garage or parking lot per day, an automated parking system which includes a license plate reader can rack up a large volume of $2500.00 claims every day.
If you have a parking control system, check to make sure whether or not it uses a license plate reader. If it does, make sure it complies. You might even have your attorney review the policy.