Richmond, Va. — Governor Glenn Youngkin has signed a new law regulating Flock Safety cameras and similar license plate readers, setting the stage for future debates over their deployment. The legislation, which takes effect on July 1, aims to balance law enforcement needs with privacy concerns amid increasing scrutiny of surveillance technologies.
The law limits the retention of surveillance data to 21 days, a significant reduction from the 30-day period commonly practiced by law enforcement under current agreements. It also introduces strict guidelines on how this data can be used, making it a Class 1 misdemeanor for police to violate these regulations. Agencies will be required to publicly disclose information on their usage of the data while still keeping specific camera locations confidential.
Under the new law, Virginia police agencies cannot share their Flock data across state lines without a warrant, subpoena, or court order. However, critics argue that the law does not fully address concerns about expanded surveillance capabilities, particularly amidst calls from law enforcement—especially the Virginia State Police—to broaden the use of Flock cameras on state-maintained roads, including interstates and bridge tunnels.
House and Senate leadership, along with the Virginia State Crime Commission, had originally proposed a broader installation of these cameras on over 5,000 additional miles of roads. However, to advance the legislation, lawmakers opted to include a “re-enactment clause,” necessitating further legislative approval before any expansion could occur. This compromise led to the withdrawal of support from both the Virginia Association of Chiefs of Police and the Virginia Sheriffs Association.
Youngkin attempted to restore some of the original provisions, including extending the data retention period back to 30 days, but the General Assembly rejected these amendments, prompting calls for a veto from law enforcement advocates. Dana Schrad, executive director of the Virginia Association of Chiefs of Police, expressed disappointment after the bill’s passage, acknowledging both its benefits and drawbacks.
Justice Forward, a criminal justice reform group, welcomed the legislation, underscoring its opposition to the expansion of Flock cameras on state highways. Rob Poggenklass, the organization’s executive director, emphasized that Virginians had clearly communicated their stance against heightened surveillance.
Despite the new regulations, the number of Flock Safety cameras continues to rise in local areas; in Hampton Roads alone, 671 cameras have been installed, reflecting an 11% increase in just five months. These cameras, typically mounted 10 feet high, capture images of every vehicle that passes, enabling the identification of not just license plates but also details such as make, model, and distinctive features.
Supporters of the technology assert its effectiveness in solving crimes, while privacy advocates caution against the potential for unconstitutional surveillance of law-abiding citizens. The ongoing debate highlights the tension between public safety and individual privacy rights in an increasingly monitored society.
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