Gov. Youngkin Adds Guardrails to Roadside Cameras

​Torn between the wishes of pro-surveillance law enforcement on one side and Fourth Amendment privacy defenders on the other, Virginia Gov. Glenn Youngkin (R) finally leaned toward the latter. Last week he signed legislation regulating and curbing the expansion of one of his state’s fastest growing niche industries – automated license plate readers.
 
This technology doesn’t just scan license plate numbers. It captures vehicle make, type, and color as well as features like stickers, bike racks, even noticeable dents. It can be used to track where we go and who we meet with, potentially compromising privacy, as well as our associational rights in politics and religion.
 
While not as robust a piece of legislation as might have been possible, it’s more than a step in the right direction. Here’s what the law does:

• 671 cameras are enough: That’s how many Flock Safety brand cameras there are in 16 Virginia jurisdictions, with 172 in Norfolk alone. Critics of a watered-down version of the bill feared it would have allowed the addition of thousands more cameras. In 2026, Virginia’s General Assembly will have to debate the expansion issue all over again. But for now, the expansion has been stopped.

• No more sharing: Without a warrant, subpoena, or court order, Flock Safety data gathered in Virginia now has to stay in Virginia. It can no longer be easily shared with out-of-state agencies.

• Going public: Police agencies are now mandated to compile and publicly report key details on how the camera images and associated data are used. Not that we expect to see a brutally honest category called “Civil Rights Violations,” but remember that any public report is automatically subject to auditing (official or otherwise), so the watchdog value of such requirements is powerful.

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• Purge faster: Currently, surveillance data is stored for 30 days before being deleted (unless it’s being used as part of an active investigation). The new law slashes that by 30 percent, down to 21 days.

• No off-label use: Collected data is now limited to specific criminal investigations as well as human trafficking, stolen vehicles, and missing persons cases. No more dragnet searches through citizens’ data without cause. This provision is a major step forward.

It should be noted that Gov. Youngkin tried to strike a compromise between the opposing camps, but none emerged. That’s a good thing for privacy rights. Even so, the law still has weaknesses. Chief among them is that the locations of Flock Safety cameras still do not have to be disclosed.  (Fortunately, social and traditional media help in that regard). And while 21 days of storage is certainly better than the original 30, we’d like to see that number come down to seven or less.
 
As for next year’s rematch of the “expand or not” battle, 2025 is the third year in a row that the Virginia Assembly has stymied, at least somewhat, Flock Safety’s and law enforcement’s desire to pursue mass surveillance unchecked.
 
Here’s hoping for four years of pushback in a row. We even have a slogan: “Four for the Fourth.” Okay, we don’t love it either. Feel free to send us your suggestions. Better yet, if you’re a Virginia resident, send it to your state delegate and senator.

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