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License plate readers, data sharing spur privacy debate at Delaware ORC task force
Summary
Task force members debated the use of license plate readers and retailer surveillance. Law enforcement argued LPRs are an effective investigative tool; other members urged legislative guardrails and raised constitutional concerns as states move to regulate LPR use.
A lively exchange at the task force turned to surveillance technology after a member asked whether recommendations to support retailer security infrastructure should reference license plate readers (LPRs).
One task force member urged removing the LPR reference entirely, saying, "There's so many questions right now about license plate readers," and expressing concern about privacy and constitutional protections. Law enforcement officials countered that LPRs have investigative value, citing past cases where plate data aided investigations into major crimes.
A member who identified themselves as working with law enforcement noted retailers already deploy plate-reading equipment in parking lots and testified to LPRs’ practical utility for solving crimes. Another participant said state legislation restricting or governing LPR use is likely to be introduced and that Delaware should monitor other states' approaches.
Members did not reach agreement on a specific policy change. Several asked staff to avoid vague language and to either define LPR use and safeguards explicitly or to refer more generally to "security infrastructure" with a cross-reference to a future work item on surveillance regulation.
The task force agreed the issue warrants additional drafting: possible language options include (1) explicit safeguards about storage, access and dissemination; (2) a narrower reference limited to retailer-internal usage; or (3) removing the term from the immediate recommendations and handling it in a separate policy follow-up.
No formal vote was taken; staff were asked to incorporate a clearer description of surveillance concerns into the next draft.
