License Plate Readers are Legal
Because there is no expectation of privacy on roadways, homeowner associations with private roads can legally install and operate Automatic License Plate Readers (ALPRs). ALPRs allow HOAs to record which cars enter and leave their community, and when. They capture license plate images and convert them into searchable, machine-readable text. ALPRs may help deter some crimes and facilitate controlling access to the community.
Sharing Data
Data sharing is optional. In the event of a crime, ALPR data could be used to assist police investigations. The association's policy should restrict casual searching of license plate data. Misuse of data can be mitigated by restricting searches to specific cases and recording who conducted searches and when.
A Written Policy is Required
The law requires ALPR users to (i) implement reasonable security measures to protect the data (Civ. Code 1798.90.51); (ii) adopt a written usage and privacy policy describing how and why they use the data (Civ. Code 1798.90.53); and (iii) make that policy publicly available, including posting the policy on the HOA's website (if it has one). An HOA can be fined $2,500 per violation if it fails to implement and publish an ALPR policy. (Civ. Code 1798.90.5)
A 2026 Appellate Court decision addressed the need for a written policy. In Bartholomew v. Parking Concepts, Inc., a customer alleged a parking garage operator violated California's ALPR law by failing to implement a policy governing its collection and use of license plate data. The trial court dismissed the claim after concluding that the plaintiff had not alleged harm. The Court of Appeal disagreed, holding that Bartholomew had adequately alleged harm arising from the company's failure to implement and publicize its policy.
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