License Plate Readers are Legal
Because there is no expectation of privacy on roadways, homeowner associations with private roads can legally install and operate Automated 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.
Safeguards Required
HOAs that utilize ALPR cameras must safeguard the data they collect, adopt written policies, set retention limits, and log the identity and purpose of anyone who accesses the database. Data sharing with law enforcement 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
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) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information.
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.
Records Requests
Owners can review the association’s written ALPR privacy policy and any vendor contracts related to its ALPR, but they do not have the right to images captured by the ALPR.
Security Cameras
A related topic involves “Security Cameras and Ring Doorbells.”
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.