3-13 Campus Automatic License Plate Recognition (ALPR) System

Policy Type:  Local
Responsible Office:  Chief of Police, Virginia Commonwealth University Police Department 
Initial Policy Approved:  8/26/2022 
Current Revision Approved:  03/31/2026

General

The purpose of this policy is to provide VCU Police Department (VCUPD) personnel with guidelines and principles for the collection, access, use, dissemination, retention, and purging of ALPR information to ensure that the information is used for legitimate law enforcement purposes only and that civil rights and civil liberties of individuals are not violated.

VCU is committed to enhancing the quality of life of the university community by integrating public safety and security best practices with advanced technology. A critical component of a comprehensive security plan is the utilization of an on-campus security ALPR camera system. The ALPR monitoring of vehicular traffic traveling through campus geography is intended to mitigate known threats, deter crimes, and assist in protecting the personal safety and property of the university community.

Due to the large volume of quality images generated by the campus ALPR system, VCUPD has established the protocols described below in order to govern the release of any ALPR captured images to members of the public, when doing so could prove helpful to an ongoing investigation.

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive.  Failure to comply will result in appropriate corrective action.  Responsibility rests with the division commander to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated. 

Definitions

1. Automatic License Plate Recognition System (ALPR):  A system of one or more high speed cameras used in combination with computer algorithms to convert images of license plates, vehicles or a combination of both into computer-readable data.
2. Additional definitions applicable to this policy contained in §2.2-5517, Code of Virginia:
   1. Read: Digital images of license plates and vehicles and associated data (e.g., date, time, and geographic coordinates associated with the image capture)
   2. Alert/Hit: A read matched to a plate that has previously been registered on a hot list of vehicle plates related to stolen vehicles, wanted vehicles, or other factors supporting investigation, or which has been manually entered by a user for further investigation.
   3. Hot list: License plate numbers and letters of stolen cars, vehicles owned by persons of interest, and vehicles associated with AMBER Alerts that are regularly added to hot lists circulated among law enforcement agencies. Hot list information can come from a variety of sources, including stolen vehicle information from the National Insurance Crime Bureau and the National Crime Information Center (NCIC), as well as national AMBER Alerts and Department of Homeland Security watch lists. Law enforcement agencies can also interface their own, locally compiled hot lists to the ALPR system. These lists serve an officer safety function as well as an investigatory purpose. In addition to agency supported hot lists, users may also manually add license plate numbers to hot lists in order to be alerted if a vehicle license plate of interest is read by the ALPR system.
   4. Fixed ALPR system: ALPR cameras that are permanently affixed to a structure, such as a pole, a traffic barrier, or a bridge.
   5. Mobile ALPR system: ALPR cameras that are affixed, either permanently (hardwired) or temporarily (e.g., magnet-mounted), to a law enforcement vehicle for mobile deployment.
   6. Portable ALPR system: ALPR cameras that are transportable and can be moved and deployed in a variety of venues as needed, such as a traffic barrel or speed radar sign.
   7. Private Entity ALPR system: A private entity may be, but not limited to, homeowner’s associations, gated communities, shopping malls, other business establishments, or places of worship. These entities often have information sharing agreements with law-enforcement agencies.
   8. User: Any individual who is authorized to access information and use the system.

Operations

1. The use of and/or access to an ALPR system is restricted to official purposes only. An ALPR system shall be used for official law enforcement purposes only and in compliance with §2.2-5517, Code of Virginia. A law-enforcement agency shall not use a system for the purpose of interfering with individuals engaged in lawful activities or tracking individuals on the basis of the content of lawfully protected speech. ALPR systems are used to identify vehicles, not persons.
2. §2.2-5517, section D, Code of Virginia, provides that a law-enforcement agency may use a system only (i) as part of a criminal investigation into an alleged violation of the Code of Virginia or any ordinance of any county, city, or town where there is a reasonable suspicion that a crime was committed; (ii) as part of an active investigation related to a missing or endangered person, including whether to issue an alert for such person, or a person associated with human trafficking; or (iii) to receive notifications related to a missing or endangered person, a person with an outstanding warrant, a person associated with human trafficking, a stolen vehicle, or a stolen license plate. All information necessary for the creation of an audit trail shall be entered in order to query system data. A law-enforcement agency shall not query or download system data unless such data is related to at least one of these purposes. A law-enforcement agency may download audit trail data for purposes of generating audit reports. A stop of a motor vehicle based on a notification from the system shall be consistent with §2.2-5517, section M, Code of Virginia.
3. Non-agency owned or contracted ALPR systems
   1. Employees who have access to non-agency owned or contracted ALPR system shall report such access to the ALPR program manager or equivalent.
   2. Non-agency owned or contracted ALPR systems include memberships or accounts to private entity ALPR systems or databases.
4. Notification of an Alert
   1. Notification by a system does not constitute reasonable suspicion as grounds for law enforcement to stop a vehicle. Prior to stopping a vehicle based on a notification, a law-enforcement officer shall:
      1. Develop independent reasonable suspicion for the stop; or
      2. Confirm the license plate or identifying characteristics of a vehicle match the information contained in the database used to generate the notification.
      3. This confirmation procedure shall be an independent comparison of the ALPR system alert and the corresponding hot list notification.
      4. Law-enforcement officers are encouraged to use radio communication to verify the ALPR system alert.
5. If a law-enforcement officer stops the driver of a motor vehicle, stops and frisks a person based on reasonable suspicion, or temporarily detains a person during any other investigatory stop based upon the alarm of an ALPR, the reporting requirements set forth in 52-30.2, section C, Code of Virginia, shall be followed.
6.  ALPR Hot Lists
   1. The primary use of ALPR data involves the comparison of license plate characters collected by an ALPR system to characters contained on a previously compiled hot list. These hot lists may be compiled by the local, state or federal law enforcement. These hot lists inform law enforcement which vehicles are of interest and why, alerting the user when such a vehicle is read by an ALPR camera. This can be done in real time or using historical ALPR data.
      b. Hot lists shall be updated at least once every 24 hours, or as soon as practicable, after such updates become available.
      1. The Virginia State Police distributes the NCIC hot list four times daily
      2. The law-enforcement agency should coordinate directly with the Virginia State Police or through their ALPR vendor the accuracy and currency of the NCIC hot list.
      3. The law-enforcement agency operated hot list or manually entered hot listed license plate(s) shall be updated as soon as practicable.
      4. Manually entered license plate lists shall contain at a minimum:
         1. Supporting information regarding why a particular license plate is on a specific hot list. (i.e. Case Number and Criminal Investigative Reasoning [ex. Missing Person, Stolen Vehicle, etc.], and Detective entering and/or Officer requesting entry)
         2. Vehicle description (year, make, model, and color)
         3. Legal reason for entry
         4. Valid 24-hour contact number of entrant or agency
7. Training Requirements
   1. Employees must attend training prior to using or accessing the ALPR system
   2. ALPR training should occur bi-annually and should include the following:
      1. Legal update of relevant ALPR matters
      2. Administrative procedures
      3. Technical procedures
   3. Agencies shall maintain a record of each employee’s completion of ALPR training in accordance with existing training records policies.
8. System Data Usage - Retention and Sharing
   1. System data dissemination, sharing, and disclosure is defined in §2.2-5517, section F, Code of Virginia.
      1. This section mandates ALPR system data may not be retained beyond 21 days unless:
         1. The system data or the audit trail data is part of an ongoing investigation, prosecution, or civil action
         2. Such data shall be retained by the law-enforcement agency until (i) the investigation concludes without any criminal charges or (ii) the final disposition of any criminal or civil matter related to the data, including any direct appeals and any writs of habeas corpus pursuant to Article 3 (§8.01-654 et seq.) of Chapter 25 of Title 8.01 or federal law, in accordance with applicable records retention law and policy.
      2. ALPR system data may only be downloaded from the system purposes described in §2.2-5517, Code of Virginia
      3. ALPR system data may not be sold by its employees or its contracted ALPR vendor(s).
      4. System data and audit trail data is not subject to disclosure under the Virginia Freedom of Information Act (FOIA)
      5. When releasing ALPR information to another law-enforcement agency, it is important to note that §2.2-5517, section A, Code of Virginia, defines a law-enforcement agency as any agency or entity that employs law-enforcement officers as defined in §9.1-101, Code of Virginia
      6. ALPR information shall not be released to ANY Federal Law Enforcement Agency without the explicit written permission of the Chief of Police or their designee.

General Principles

1. The purpose of ALPR monitoring of public areas by public safety personnel is to deter crime and to assist the VCUPD in providing safety and protecting the property of the university community. Any diversion of security technologies and personnel for other purposes (i.e., ALPR monitoring of political or religious activities, or employee and/or student evaluations) would undermine the acceptability of these resources for critical safety goals and is therefore prohibited by this policy.
2. ALPR monitoring for security purposes will be conducted in a professional, ethical and legal manner. Department personnel involved in license plate recognition will be properly trained and continuously supervised in the responsible use of this technology. Procedural violations of ALPR monitoring referenced within this policy will result in disciplinary action consistent with the rules and regulations that apply to VCU employees.
3. VCUPD-accessed ALPR information contains images of license plates that are available to public view (e.g., vehicles that are on a public road or street or that are on private property but whose license plates are visible from a public road, street, or place to which members of the public have access, such as the parking lot of a shop or other business establishment) and that identify specific vehicles.
4. The ALPR monitoring of traffic in public areas for safety and security purposes will be conducted in a manner consistent with all existing university policies.
5. VCUPD’s ALPR camera use consists of stationary or mounted devices on a police vehicle which capture images of passing vehicles’ license plates. When an ALPR device captures an image, an application converts the license plate image into an alpha-numeric combination, not state specific, that is compared in real time against a “hot list” of license plate numbers to quickly identify vehicles that have been reported stolen, missing, or suspected of involvement in a crime. This is referred to as “active use” of ALPR devices.
6. VCUPD will only store ALPR captured images; the alpha-numeric conversion of the license plate number; and the time, date, and location from which the image was captured when such data storage is in relation to or connection with an investigation or intelligence gathering related to a criminal investigation (i.e., active use).
7. VCUPD is prohibited from collecting and storing ALPR captured data outside of an investigation or intelligence gathering related to a criminal investigation. This is referred to as “passive use” of ALPR devices.
8. VCUPD prohibits access, use, or dissemination of ALPR information for:
   1. Any purpose that violates the U.S. Constitution or laws of the United States, including Fourth Amendment protections
   2. Non-law enforcement or personal purposes
   3. Discriminatory purposes
   4. The purpose of prohibiting, infringing upon, or deterring individual activities protected by the First Amendment, such as freely practicing one’s religion, freedom of speech and peaceful assembly, freedom of the press, and the right to petition for the redress of grievances
   5. The purpose of prohibiting or deterring lawful individual exercise of other rights, such as freedom of association, implied by and secured by the U.S. Constitution or any other constitutionally protected right or attribute
   6. Harassing and/or intimidating any individual or group
   7. Targeting of any individual or group by means of camera placement or data use in a discriminatory manner
   8. Any other access, use, disclosure, or retention that would violate applicable law, regulation, or policy

Responsibilities

1. VCUPD is solely authorized to select, coordinate, operate, manage and monitor the use of ALPR systems for public safety and security purposes at the university.
2. All ALPR static installations and vehicles will adhere to applicable VCUPD operating principles.
3. VCUPD will monitor applicable legal developments and security industry practices to ensure that ALPR monitoring at the university is consistent with the highest standards and protections.
4. The Chief’s designee shall perform a documented quarterly test of each ALPR camera to ensure that they are functioning properly. The testing of each camera will include all of the following:
   1. General functionality
   2. Picture focus
   3. Operation during the dark/night hours
   4. Operation during the light/day hours

Procedures

1. All VCUPD personnel involved in ALPR monitoring of public areas must perform their duties in accordance with this policy.
2. The Investigations Division must ensure that camera control operators continuously adhere to responsible and proper camera monitoring practices.
3. ALPR captured images, the alpha-numeric conversion of the license plate number, and the time, date, and location from which the image(s) were captured will only be retained by VCUPD in relation to or connection with an investigation or intelligence gathering related to a criminal investigation. These ALPR recorded images will be tracked and stored in a secure location accessible only by authorized personnel.
4. ALPR cameras will only be utilized in areas that are in plain view of individuals situated in a public area that is visible to the public.
5. ALPR operators will be trained in the technical, legal and ethical parameters of appropriate ALPR use.  
6. Camera control operators must receive a copy of this policy and provide written acknowledgement that they have read and understood its contents.
7. ALPR users will only monitor individuals based on suspicious behavior, not individual characteristics.
8. VCUPD officers who are conducting investigations may submit requests for investigative queries to the Investigations lieutenant for review.

Dissemination of Images and Information

1. Information obtained from the ALPR system is to be used solely for law enforcement and related internal training purposes. ALPR images must be handled with the appropriate level of security to protect against unauthorized access, alteration, or unauthorized disclosure.
2. All appropriate measures will be taken to protect an individual’s right to privacy and hold university information securely through its creation, storage, transmission, use and deletion.
3. The Investigations Division is responsible for  all law enforcement requests to release or for review of recorded ALPR images generated through VCUPD’s ALPR system. No release or review of ALPR images will occur without prior authorization from the Investigations Division (or their designee).
4. Any VCUPD officer who wishes to request ALPR-generated images must contact their on-duty supervisor for assistance.
   1. Note:  If an ALPR image can be utilized on scene to assist the responding officer in handling an incident, supervisors may authorize their use.
5. In the event that ALPR images are requested by members of the media, attorneys, private citizens, etc. (i.e., Virginia FOIA requests), all requests shall be forwarded to the Records and Compliance Manager.. All other department personnel are strictly prohibited from releasing ALPR-generated images.
   1. Note:  In accordance with the Virginia Government Data Collection and Dissemination Practices Act (Va. Code § 2.2-3800 et seq.), upon satisfactory verification (fingerprints, driver’s license, or other specified identifying documentation) of their identity, an individual is entitled to know the existence of and to review the ALPR information about them that has been collected or received and retained by VCUPD.
6. Sharing of VCU ALPR data to any Federal Law Enforcement agency is prohibited without the explicit written permission from the Chief of Police or their designee.

Administrative Process

1. Auditing: Internal system auditing shall occur at least once every 30 days.
   1. Internal system audits shall be conducted in the following use areas:
   2. Queries Conducted – At least 5% of the total monthly queries conducted should be audited to ensure compliance with of §2.2-5517, section D, Code of Virginia (Reference Virginia Code 2.2-5517 Section I. 3).
   3. Downloads – At least 5% of the total monthly downloads should be audited to ensure compliance with §2.2-5517, Code of Virginia.
   4. Traffic Stops – At least 5% of the total monthly traffic stops conducted as the result of an ALPR alarm should be audited to ensure compliance.
   5. Agency Sharing – A monthly system audit shall verify system settings to ensure compliance with §2.2-5517, section F (1), Code of Virginia.
2. ALPR data and audit trail data shall be purged and rendered not recoverable in accordance with §2.2-5517, section E, Code of Virginia.

Data Security and Access

1. ALPR data is categorized as “for official use only.” Ensuring ALPR data remains secure builds public confidence in this technology. Access control to the administrative profile(s) of the ALPR system shall be maintained.
2. All collected data will be maintained on a server that is not connected to, or shared with, other law-enforcement databases.
3. The server will be able to provide an inquiry tool, history tracking, and reporting protocols for the entire ALPR system.
4. The server will provide a secure intranet site or internet site, allowing only approved personnel, password-protected access to collected data.
5. State agency internet and intranet sites must be compliant with existing VITA security standards.

ALPR Program Manager

1. The law-enforcement agency should designate an individual who possesses decision making authority to manage the ALPR program.
2. The individual should, at a minimum:
   1. Stay abreast of current case law and legislation
   2. Monitor the use of the ALPR system and conduct periodic audits
   3. Manage user accounts and permissions
   4. Manage ALPR training
   5. Update ALPR policy as necessary

Forms

There are no forms associated with this policy and procedures.

Revision History

This policy supersedes the following archived policies:

8/26/2022 3-13 Campus LPR System