Neal v. Fairfax County Police Department

Neal submitted a FOIA request to the Fairfax County Police Department seeking its automated license plate readers (ALPR) records regarding his vehicle. The Department responded that Neal’s tag had been read twice and enclosed pictures of his vehicle with the time, date, and GPS location from which at least one photograph was taken. Neal sued under the Government Data Collection and Dissemination Practices Act, Code 2.2-3800-3809, alleging that the “passive use” of ALPRs violated a requirement that information not be collected “unless the need for it has been clearly established in advance.” The circuit court granted the Department summary judgment, reasoning “that a license plate number is not personal information.” The Supreme Court of Virginia reversed. The pictures and associated data stored in the ALPR database meet the statutory definition of “personal information” but it is not clear whether the retention and “passive use” of that information may be classified as an “information system” under the Act. The circuit court must determine whether the ALPR record-keeping process provides a means through which a link between a license plate and the vehicle’s owner may be readily made. If a means exists, then the “passive use” of ALPRs is not covered by the law enforcement exception because the Department collected and retained personal information without any suspicion of criminal activity. View "Neal v. Fairfax County Police Department" on Justia Law