In the News:
In a recent decision, a Washington court held that images captured by Flock Safety’s automated license-plate reader (ALPR) cameras constitute public records, even though the data is stored with a private vendor rather than held directly by the city.
Here’s Our Take:
This ruling highlights the troubling role that Flock Safety’s contracts with law enforcement play in mass surveillance. Local governments are storing massive amounts of vehicle-tracking data with a private company, operating with minimal public transparency. The court was right: when public agencies commission surveillance and outsourced storage of that data, it remains subject to disclosure laws. The data being held off-site does not magically exempt it from public-records obligations.
More than just a legal technicality, the decision strikes at how freedom and accountability operate in a digital age. If governments rely on vendors such as Flock Safety to collect and control sensitive personal information outside direct oversight, citizens lose access, oversight, and even the ability to know what’s being recorded about them. That is antithetical to the values of local control, transparency, and individual liberty.
Legislators and local officials must set strict limits on the use of third-party surveillance vendors. Utah’s law enforcement agencies should consider rejecting or unwinding contracts with Flock Safety until meaningful safeguards are in place. As part of our 2026 policy agenda, we will push for legislative oversight and public consent when law enforcement agencies seek to implement any new surveillance technology. This ruling sets a precedent and reminds us that data collected by law enforcement must be accountable, subject to citizen review, and genuinely protect the public.
