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IL SB0243

IL SB0243
ALPR SYSTEM DATA ACT


summary

Introduced
01/31/2019
In Committee
03/28/2019
Crossed Over
Passed
Dead
01/13/2021

Introduced Session

101st General Assembly

Bill Summary

Creates the Automated License Plate Recognition System Data Act. Provides that a law enforcement agency may use recorded automated license plate recognition system (ALPR) data and historical ALPR system data only for a legitimate law enforcement purpose. Provides that ALPR system data collected by law enforcement and historical ALPR system data collected by law enforcement may not be used, shared, sold, traded, or exchanged for any other purpose. Requires law enforcement agencies using an automated license plate recognition system to adopt a policy governing use of the system; adopt a privacy policy to ensure that ALPR system data and historical ALPR system data is not used or shared in violation of this Act; adopt audit procedures relating to use of ALPR system data and historical ALPR system data; and adopt and periodically update a comprehensive training program for agency employees who use or have access to ALPR system data and procedures to adhere to policies and procedures governing use of ALPR system data or historical ALPR system data. Provides that a State or local law enforcement agency may retain ALPR system data for 5 years. Provides that after 5 years, the State or local law enforcement agency must create an internal record showing why data older than 5 years was accessed, and attach a case name and number, the name of the officer that accessed the data, the date, and an explanation for why the data was accessed. Prohibits admission of data that is used in violation of the Act in a court or administrative proceeding. Prohibits less restrictive local regulation, including by home rule units. Defines terms. Amends the Freedom of Information Act to exempt ALPR system and historical ALPR system data from disclosure under the Act.

AI Summary

This bill, the Automated License Plate Recognition (ALPR) System Data Act, creates strict regulations and protections for the use and retention of ALPR system data and historical ALPR system data by law enforcement agencies. The key provisions include: - ALPR system data can only be used for legitimate law enforcement purposes, and cannot be used, shared, sold, traded, or exchanged for any other purpose. - Law enforcement agencies using ALPR systems must adopt policies governing use, privacy, auditing, and training related to ALPR data. - ALPR system data and historical ALPR system data are exempt from disclosure under the Freedom of Information Act. - ALPR system data can only be retained for 5 years, after which an internal record must be created to justify access to older data. - ALPR system data obtained in violation of the Act is presumed to be inadmissible in legal proceedings. - Home rule units and local governments can regulate ALPR systems, but cannot be less restrictive than this state law. - The bill also amends the Freedom of Information Act to explicitly exempt ALPR system data from disclosure.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Session Sine Die (on 01/13/2021)

bill text


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