Washington Court: Flock Safety Camera Data Considered Public Records

Sure! Here’s the translation into American English:

In a significant ruling, the Skagit County Superior Court in Washington state has dismissed an attempt by several municipalities to keep secret data obtained through Automatic License Plate Readers (ALPR). This decision reaffirms the public’s right to access the information collected by Flock Safety cameras, thereby ensuring transparency in the management of these records under Washington’s Public Records Act.

The court determined that the images generated by Flock Safety devices are considered public records, as they are created and used for governmental purposes. The cameras are located in various cities, including Stanwood and Sedro-Woolley, and their funding came from these local administrations, aimed at benefiting the community.

The municipalities’ attempt to exclude this data from public access highlights a concerning trend toward decreasing transparency. There are also worries regarding the amount of data accumulated by police departments, which is stored on servers owned by private companies, potentially allowing cities to evade public accountability.

Flock Safety has been embroiled in national controversies, where activists and journalists have used public records requests to expose problematic uses, such as the use of data for immigration law enforcement and investigations into abortions, which may have violated regulations in Washington. Recent reports suggest that some cities in the state have even shared ALPR data with federal immigration agents.

The case arose from a citizen’s request to access a video recorded over an hour in March. In response, the involved cities asked the court to declare that such information is not a public record, arguing that the data stored on Flock’s cloud would not be considered as such until a public agency retrieves it.

The municipalities claimed that the stored content amounts to the creation of a new record, which should therefore not be accessible. However, accepting this position could have allowed police departments to store all their data on private servers, thus obstructing public access.

The court also rejected the idea that all camera data is sensitive investigative material or should be treated like traffic surveillance cameras, as this would enable cities to hide crucial information about their mass surveillance.

Despite this favorable decision, José Rodríguez, the requester of the records, will not receive the information, as the involved cities allowed for the automatic deletion of the records after his request. This could constitute a violation of public records access laws.

Meanwhile, the Flock Safety system and its implementation by various police agencies have come under increasing scrutiny, given the illegal information and the widespread dissemination of data. Incidents have been documented where improperly collected information has been used, emphasizing the need for stricter oversight on the use of these surveillance technologies in communities.

The situation in Washington underscores the importance of public access to information regarding government surveillance, highlighting the need for communities across the country to oppose attempts to restrict access to records that are fundamental for ensuring accountability in law enforcement.

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via: MiMub in Spanish

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