How HB 2771 changes current law

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for automated license plate reader systems; and imposing penalties. · Pennsylvania

How this bill changes current law

10 changes

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This bill establishes regulations for the use of automated license plate reader systems in Pennsylvania, imposing restrictions and penalties on their operation.

  • Title 75

    CHAPTER 70 AUTOMATED LICENSE PLATE READER SYSTEMS Sec. 7001. Definitions. 7002. Restrictions on the use of automated license plate reader systems. 7003. Applicability of Right-to-Know. 7004. Destruction of captured data and preservation requests. 7005. Automated license plate reader system policy. 7006. Sharing of captured data. 7007. VENDOR MAINTENANCE ACCESS. 7008. Admissibility of evidence. 7009. Penalties. 7010. Construction.

    Adds a new chapter specifically regulating automated license plate reader systems to Title 75.

  • § 7002

    Except as provided under subsection (b), it is unlawful for any government entity or private entity to operate or use an automated license plate reader system or captured data.

    Establishes a prohibition on the unauthorized use of automated license plate reader systems by government or private entities.

  • § 7002(b)

    An automated license plate reader system and captured data may be operated or used by a government entity or private entity exclusively for: ...

    Clarifies authorized uses for automated license plate reader systems and captured data.

  • § 7002(c)(3)

    IT SHALL BE UNLAWFUL FOR A GOVERNMENT ENTITY OR PRIVATE ENTITY TO OPERATE OR UTILIZE AN AUTOMATED LICENSE PLATE READER SYSTEM FOR PERSONAL, POLITICAL OR COMMERCIAL PURPOSES.

    Explicitly prohibits personal, political, or commercial use of automated license plate reader systems.

  • § 7002(e)(4)

    A LAW ENFORCEMENT AGENCY SHALL OBTAIN A SEARCH WARRANT SUPPORTED BY PROBABLE CAUSE BEFORE ACCESSING CAPTURED DATA TO CONDUCT A COMPREHENSIVE OR SUSTAINED REVIEW TO MONITOR THE ONGOING MOVEMENTS OF AN INDIVIDUAL OR MOTOR VEHICLE, OR TO RECONSTRUCT OR ANALYZE A PATTERN OF THE INDIVIDUAL'S OR MOTOR VEHICLE'S PAST MOVEMENTS, OVER MULTIPLE DAYS.

    Requires law enforcement to obtain a search warrant before conducting extensive reviews of captured data for tracking movements.

  • § 7002(f)

    A government entity shall be the exclusive owner of all captured data collected through an automated license plate reader system that is owned or operated by the government entity or by a private entity acting on behalf of the government entity.

    Establishes that captured data belongs solely to the government entity operating the automated license plate reader system.

  • § 7002(g)(3)

    The use by a government entity or private entity of any system, software, technology or computer algorithm... to record video images, conduct generalized surveillance... is strictly prohibited.

    Prohibits the use of automated license plate reader systems for surveillance or monitoring beyond authorized purposes.

  • § 7002(h)

    Exceptions.--This chapter shall not apply to: (1) An automated red light enforcement system... (2) A side stop signal arm enforcement system... (3) An automated speed enforcement system... (4) A system used in electronic toll collection.

    Clarifies that certain automated enforcement systems are exempt from these regulations.

  • § 7007

    VENDOR PROHIBITIONS.-- (1) A MANUFACTURER, VENDOR, DEVELOPER, CONTRACTOR, SUBCONTRACTOR OR ANY PRIVATE ENTITY INVOLVED IN THE CREATION... MAY NOT DISCLOSE, TRANSFER, DISSEMINATE OR OTHERWISE PROVIDE AUTOMATED LICENSE PLATE READER DATA TO A FOREIGN ADVERSARY.

    Imposes restrictions on vendors regarding the disclosure of license plate data to foreign adversaries.

  • § 7007(3)

    THE GOVERNMENT ENTITY UNDER PARAGRAPH (2) MAY TERMINATE THE CONTRACT WITHOUT PENALTY IF THE VENDOR BECOMES OWNED OR CONTROLLED BY A FOREIGN ADVERSARY.

    Allows the government to terminate contracts with vendors that become controlled by foreign adversaries.

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