Bill Would Ban All LPR Use Statewide In KY
FRANKFORT, Ky. — Kentucky could outlaw automated license plate readers under a bill proposed by Rep. TJ Roberts, R-Burlington, a measure that would prohibit use of the technology by individuals, businesses and government agencies statewide and impose both criminal and civil penalties.
Automated license plate readers, or ALPRs, are systems of cameras paired with software that convert images of license plates into computer-readable data. In recent years, ALPRs have become a tool used by police departments across the country. More than 5,000 agencies use Flock cameras, including in Louisville and Lexington. Data captured by ALPRs can be searched by law enforcement agencies nationwide.
Roberts told Spectrum News 1, “I believe that mass surveillance is just as much a threat to Americans as it is to illegal immigrants. And the reality is this: the Fourth Amendment, the Fifth Amendment, the Sixth Amendment — those rights for those in the criminal justice system, that was adopted not to protect the guilty, it was meant to protect the innocent from unnecessary surveillance.”
The bill would add a new section to Kentucky’s traffic laws defining ALPRs and banning anyone in the Commonwealth from using, deploying or maintaining them. This wide-ranging ban would apply to individuals, partnerships, corporations, associations and all state and local government entities. The proposal does not include exceptions.
Violations would carry criminal and civil consequences. Using, deploying or maintaining an ALPR would be a Class D felony, which is one to five years in jail and a $10,000 fine. Separately, anyone who operates an ALPR could be sued for damages.
The measure would also create a private right of action. If a person’s license plate is recorded by an ALPR, that person could file a civil lawsuit in any court with jurisdiction to stop further violations and seek actual and punitive damages. A plaintiff who wins their case may be awarded their attorney’s fees and costs, except if a court finds they acted in bad faith, with a malicious intent, or without a legitimate legal or factual justification. Defendants who win can also get their lawyer costs covered.
If enacted, the bill would end ALPR use across Kentucky by law enforcement and private users.
