Philly PD Declares All Drivers To Be ‘Under Investigation’ While Denying Request For License Plate Reader Data
by Tim Cushing
TechDirt.com
Fri, Apr 10th 2015
We’ve all heard nasty things about the citizens of the apparently ironically-named “City of Brotherly Love.” They’ll boo Santa Claus. They throw batteries at opposing baseball players… and their own. And that’s just the sports fans.
More bad news has just arrived on the “We’re all not that terrible” PR front: according to Philly’s police department, each and every car owner whose vehicle’s license plate has had the misfortune of being scanned by the PD’s license plate readers is some sort of criminal. Charges TBD.
The City of Philadelphia does not want you to know in which neighborhoods the Philadelphia Police Department (PPD) is focusing their use of powerful automatic license plate readers (ALPR), nor do they want disclosed the effectiveness (or lack thereof) of this technology, as they continue to fight a Declaration public records request filed in January with MuckRock News.
City officials argue in their response that every metro driver is under investigation, in an effort to exempt so-called criminal investigatory records from release under PA’s Right-to-Know Act:
Moreover, records “relating to or resulting in a criminal investigation” are exempt from disclosure under the Act, in particular “[i]nvestigative materials, notes, correspondence, videos and reports.” 65 P.S. § 67.708(b)(16)(ii). Such individual license plate readings and accompanying information are investigative materials that relate to individual criminal investigations, and, as your request indicates, these investigations may result in vehicle stops, arrests, or other police actions. Therefore, the individual license plate reading data is exempt from disclosure under the Act.
The Rest…HERE