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What does the law say?

California Law is Clear

What Does Senate Bill 34 (2015) Say?

California law explicitly prohibits law enforcement agencies from sharing automated license plate reader (ALPR) data with out-of-state or federal agencies.

California Civil Code § 1798.90.55(b) states:

“A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law.”

California law defines “public agency” as California state and local agencies only—not federal or out-of-state agencies.

California Civil Code § 1798.90.5(f):

“‘Public agency’ means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.”

What this means:

  •  Cannot share with ICE, CBP, FBI, DEA, or any federal agency
  •  Cannot share with out-of-state law enforcement
  •  Cannot share with private companies
  •  Can only share between California state/local agencies

Sources:

What About Senate Bill 54 (2017)?

California SB 54, which went into effect on January 1, 2018, states that no state and local resources are used to assist federal immigration enforcement.

“This bill would, among other things and subject to exceptions, prohibit state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and would, subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies.”

Sacramento Grand Jury finds Sacramento Sheriff’s Office and Sacramento Police Department in violation of state laws. (2024)

The grand jury found 5 violations in their reporting from 2024.
– “SSO’s practice of sharing ALPR information with out-of-state entities violated SB 34”
– “The practice of the SPD to share ALPR information with out-of-state entities violates SB 34”
– “SSO’s failure to require case number entries with sufficient specificity to track the validity of the request puts ALPR information at risk for unauthorized access, misuse, or disclosure”
– “SSO conducts periodic cursory internal audits of their data, equipment, and processes that do not adequately protect an individual’s privacy. The audits are not scheduled or consistent, thereby raising the risk of misuse and abuse of the data”
– “SB 34 requires local LEAs to make their ALPR policies available to the public and post it conspicuously on the agency’s website. The failure of most local LEAs to clearly post ALPR policies that can be easily found by the public is noncompliant with California state law.”

Read the full report here: https://www.sacgrandjury.org/docs/reports/23-24/gj-cjj-final-report-062624.pdf

Attorney General Rob Bonta’s Official Interpretation (2023)

“Importantly, the definition of ‘public agency’ is limited to state or local agencies, including law enforcement agencies, and does not include out-of-state or federal law enforcement agencies.”

“Accordingly, SB 34 does not permit California LEAs to share ALPR information with private entities or out-of-state or federal agencies, including out-of-state and federal law enforcement agencies.”

Source: California Department of Justice, Information Bulletin DLE 2023-06, “California Automated License Plate Reader Data Guidance” (March 2023)
https://oag.ca.gov/system/files/media/2023-dle-06.pdf

California Law & Official Guidance Source List