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Council hears legal view that Flock license‑plate data likely qualifies as law‑enforcement records
Summary
After council questions triggered by a Washington state court decision, city staff and counsel told council members that municipal practitioners and state counsel advice indicate Flock license‑plate reader data are likely treated as law‑enforcement records under Oklahoma law and not subject to routine open‑records release unless incorporated into an investigative file.
Councilman East raised concerns about public access to Flock (license‑plate reader) data after a Washington district‑court decision that favored disclosure in that state. City staff and counsel explained the Washington ruling does not bind Oklahoma and that, based on statute and peer advice, the city views Flock data as law‑enforcement records that are typically withheld from public release unless they become part of an investigative file.
The city attorney (presenting legal research) said Oklahoma's Open Records Act treats law‑enforcement records differently and that municipal legal peers and state associations (OMAG, OML) generally advised that Flock data are considered law‑enforcement records. "I believe that that, these constitute... law enforcement records," counsel stated during the meeting.
Staff said their policy limits queries of the system to law‑enforcement purposes only, that they audit access monthly, and that they have denied prior open‑records requests for raw Flock data. Council members asked about data retention and whether relocation of cameras or mapping could be made available on the transparency portal; staff said they were working to add a map link and to ensure cameras comply with municipal code.
Council did not take formal action to change policy that night but discussed continued vigilance and the need to monitor legal developments in other jurisdictions. Staff emphasized the city will be consistent in withholding records it deems law‑enforcement information unless statutory release criteria apply.
