The California license plate reader law, Civil Code section 1798.90.5 and following, requires operators and end-users to keep reasonable security, adopt a written and public usage and privacy policy, and, for public agencies, hold public comment before implementing a program and share ALPR information only with other public agencies. Confirm the current text and any recent amendments before relying on this summary.
What the California license plate reader law is
California’s main ALPR statute is Civil Code section 1798.90.5 and the sections that follow it (§§1798.90.5–1798.90.55), enacted as SB 34 in 2015. It applies to “ALPR operators,” the people or organizations that run a system, and to “end-users,” who access the information. It sets security, policy, public-process and sharing rules. This page summarizes how the law is described in public sources; read the statute itself before you rely on it.
What it requires
| Requirement | What the sources say | Section |
|---|---|---|
| Security | Operators and end-users must keep reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification or disclosure. | §§1798.90.51, 1798.90.53(a) |
| Written usage and privacy policy | Each must adopt a written policy, make it available to the public in writing and, if there is a website, post it conspicuously. At minimum it covers authorized purposes, who may access data and what training they need, how the system is monitored and audited, rules for selling or transferring data, the official custodian, and how accuracy and errors are handled. | §1798.90.53(b) |
| Public comment | A public agency that operates or intends to operate an ALPR system must provide an opportunity for public comment at a regularly scheduled public meeting before implementing the program. | §1798.90.55(a) |
| Sharing by public agencies | A public agency may not sell, share or transfer ALPR information except to another public agency, and only as otherwise permitted by law. Hosting and towing services are not treated as a sale, sharing or transfer. | §1798.90.55(b) |
What the State Auditor found
In 2020 the California State Auditor reviewed several agencies’ ALPR programs and found that agencies had either no ALPR policies or deficient ones, and lacked adequate safeguards. The auditor recommended a state-developed template. Bills to require one (AB 1076 and SB 210) did not pass, according to the auditor’s follow-up as of February 2022. Further bills have been proposed since then, so check the current status before you rely on this summary.
The lesson for agencies and vendors is practical: the statute sets a floor for what the written policy must contain, and regulators and the press look at whether agencies actually follow their own policies.
What agencies should do
- Write the policy first with every element in §1798.90.53(b), and publish it where the public can find it.
- Hold the public comment period at a regular public meeting before the cameras go live (public agencies).
- Control sharing. Confirm that data goes only to other public agencies and under written agreements, and that your vendor settings enforce it.
- Prove security and audit. Ask the vendor for access controls, multi-factor authentication and exportable audit logs.
- Track changes. Review the statute and any new bills each year, and update the policy.
Our policy and data-retention guide has a fuller checklist, and the state overview shows how California compares with other states.
Frequently asked questions
What is the California license plate reader law?
Civil Code section 1798.90.5 and the sections that follow it, enacted as SB 34 in 2015. It sets security, written-policy, public-comment and sharing requirements for ALPR operators and end-users.
Does a California police department need public comment before using ALPR?
According to §1798.90.55(a), a public agency that operates or intends to operate an ALPR system must provide an opportunity for public comment at a regularly scheduled public meeting before implementing the program.
Can California agencies share ALPR data with other states or federal agencies?
Under §1798.90.55(b), a public agency may not sell, share or transfer ALPR information except to another public agency, and only as otherwise permitted by law. Ask counsel how this applies to out-of-state and federal requests.
Does the law apply to private organizations?
The statute’s duties apply to ALPR operators, a term that can include private organizations. Check with counsel, especially for HOAs and businesses. See HOA license plate readers.
Is there a mandatory retention period in California?
The sources reviewed do not describe a single statewide retention period in this statute, and bills to add limits have been proposed. Check the current statute and your agency’s policy.