AG Mayes to examine Flock surveillance cameras and Arizonans’ privacy rights

As multiple Arizona cities and towns cancel their contracts with the AI-powered license plate reader company Flock amid reports of police misuse and public outrage at the expanding surveillance state, Attorney General Kris Mayes announced her agency will be reviewing the technology and providing a report to the governor and state lawmakers. 

“Technology can and does play an important role in helping law enforcement solve and prevent crime, but its use must be balanced against the Constitution and Arizonans’ privacy rights,” Mayes said in a Thursday statement. “Arizonans are rightfully concerned about the documented examples of the misuse of this technology as well as how it affects their privacy rights. I share those concerns. We need a statewide approach to this issue.”

The news comes on the heels of more local municipalities deciding to end their contracts with the most prolific automatic license plate reader company, Flock. 

Flock Safety has been a source of controversy, both for its wide-ranging network of cameras — the company claims to have more than 80,000 AI-powered cameras in over 5,000 communities across 49 U.S. states — and how law enforcement uses them. In one instance, police in Texas used the system to search for a woman who had received an abortion in a state where it was legal. 

Locally, police have come under investigation for misuse of the system, including an Apache Junction police officer who used the system to track his wife. The Apache Junction Police Department, whose chief testified earlier this year in favor of a bill that would have shielded the tech’s data from public release, has decided to continue using the system. 

Meanwhile, the Tempe Police Department announced on Wednesday that it was ending its contract and not seeking any replacements. 

Mayes’ announcement said her office will investigate Flock and “other similar surveillance and automated license plate reader systems” in the state to examine their impact on privacy with a specific focus on any potential infringement on 4th Amendment rights. In many cases, cities that have ditched Flock have signed contracts to use similar technology from Scottsdale-based Axon, one of the world’s largest law enforcement technology firms, or other companies.

In the midst of attention from lawmakers and the general public, Flock has begun to implement changes to its system, tightening up privacy and oversight mechanisms. 

Multiple law enforcement agencies across the state have long used ALPR technology that often feeds into national databases and real-time crime centers. 

It is unclear if Mayes’ review will also include a review of the federal covert ALPR technology that stretches from the state’s southern border all the way to Maricopa County. 

Legislation this year aimed at tackling ALPR, from two different approaches, both ultimately failed. 

One GOP measure, backed by law enforcement, would have shielded ALPR data from public release and failed after other members of the GOP joined Democrats in opposing it. 

A second measure that would have required a supermajority of voters in a city to approve of the technology — effectively banning its use — also failed to gain traction. The sponsors of both bills have vowed to bring back similar measures in the next legislative session.