Earlier this summer, two Texas law enforcement agencies announced investigations involving the alleged misuse of Flock Safety’s automated license plate reader (ALPR) technology.
In Fort Bend County, a sheriff’s lieutenant admitted to conducting repeated searches unrelated to official law enforcement duties nearly 200 times. Shortly thereafter, Baytown Police opened internal affairs and criminal investigations into allegations that an officer improperly accessed its Flock system. That officer resigned.
While each case involves different facts, together they raise an important question for Texas policymakers: Are the safeguards governing this technology keeping pace with its growing use?
The recent cases suggest the answer is no. Texas needs uniform statewide rules governing access, auditing, data retention and information sharing.
Law enforcement agencies across Texas have used ALPR technology, including Flock Safety cameras, to recover stolen vehicles, locate missing persons, identify suspects involved in violent crimes, and generate investigative leads that might otherwise be unavailable. Flock is not the only company that sells this technology, nor has the company been accused of misusing the data collected in these instances.
As agencies continue to confront staffing shortages and increasingly sophisticated criminal activity, technology has become an important force multiplier. Texans should want law enforcement to have effective tools that improve public safety, but their use must also be subject to meaningful oversight.
Flock has recently announced additional safeguards, including changes to auditing, data retention and information sharing. Those steps are welcome, but basic limits on government access to Texans’ data should be established by law, not left to vendor policies or a patchwork of departmental rules.
Texas should establish uniform statewide standards governing the circumstances under which officers may access ALPR data. Every search should require a legitimate law enforcement purpose tied to an active investigation or other authorized public safety function. Clear statutory requirements protect both the public and officers who use the technology appropriately.
Lawmakers should also require independent auditing and meaningful accountability for misuse. The Fort Bend and Baytown investigations illustrate that audit logs can identify improper access, but accountability should not rely exclusively on internal reviews after concerns arise. Regular external audits, mandatory reporting of substantiated misuse, and clearly defined penalties would create more consistent oversight statewide.
Finally, the Legislature should establish clear statewide rules governing data retention and interagency information sharing. Earlier this year, reporting revealed that the Austin Police Department continued accessing license plate information through partner agencies after the city ended its own ALPR program.
Regardless of one’s position on that decision, the situation highlighted the absence of statewide guidance on how ALPR data may be shared across jurisdictions. Texans deserve clear safeguards governing who may access this information, how it may be shared and how long it may be retained.
No single incident should define the future of an emerging technology, and no technology should be judged solely by the actions of those who misuse it. At the same time, responsible government requires policymakers to address vulnerabilities before isolated incidents become systemic problems.
Texas has the opportunity to lead by demonstrating that public safety and accountability must go hand in hand. Law enforcement should have access to investigative tools, but those tools should operate within a framework that reflects the rule of law, protects public confidence, and establishes clear limits on government authority.
The question before lawmakers is not whether Texas should embrace ALPRs and other technology in policing. It is whether Texas will establish safeguards that allow the technology to serve its intended purpose while maintaining the trust of the communities law enforcement serves.