A5481

An Act concerning the retention period for data obtained from an automated license plate reader and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this act:

“ALPR data” means the raw data and derived data obtained by an automated license plate reader.

“ALPR vendor” means a private individual or business that sells or contracts to provide an automated license plate reader or a service related to producing, installing, maintaining, or operating an automated license plate reader or ALPR data.

“Artificial intelligence analytics” means the process by which artificial intelligence processes and analyzes data, which includes, but is not limited to, machine learning, natural language processing, and data mining techniques to interpret data and make predictions or recommendations.

“Automated license plate reader (ALPR)” means an electronic device that photographs or scans the license plate of a motor vehicle and uses artificial intelligence analytics to identify the license plate; compare it with information contained in a database, including a database maintained by a law enforcement agency; and generate derived data. The term shall include a device installed at a fixed location and those attached to a police vehicle.

“Derived data” means new information created by an automated license plate reader by applying artificial intelligence analytics to the raw data.

“Raw data” means the video, photograph, or scan of a license plate obtained by an automated license plate reader, including the live feed generated by an automated license plate reader, that has not been processed, analyzed, interpreted, or summarized in any way.

b. (1) The State and any political subdivision of the State shall automatically and permanently delete stored ALPR data no later than 180 days after the date of collection.

(2) The State and any political subdivision of the State shall not enter into or renew a contract with an ALPR vendor unless the contract provides that the vendor shall automatically and permanently delete stored ALPR data no later than 180 days after the date of collection.

c. Nothing in this section shall be construed to prohibit the State or a political subdivision of the State from storing ALPR data as required to comply with discovery pursuant to Rules of Court.

2. This act shall take effect immediately.

STATEMENT

This bill limits the period for which ALPR data, which is data generated by an automated license plate reader, may be retained. As used in the bill, “automated license plate reader” means an electronic device that photographs or scans the license plate of a motor vehicle and uses artificial intelligence analytics to identify the license plate, compare it with information contained in a database, and generate derived data.

Under the bill, the State and any political subdivision of the State are required to automatically and permanently delete stored ALPR data no later than 180 days after the data was collected. The bill also requires the State and each political subdivision to include in any contract entered into with an ALPR vendor a provision requiring the ALPR vendor to automatically and permanently delete stored ALPR data within 180 days of collection. An “ALPR vendor” is a private individual or business that sells or contracts to provide an automated license plate reader or a service related to producing, installing, maintaining, or operating an automated license plate reader or ALPR data.