Hinchey Bill Would Protect New Yorkers from Unwarranted Surveillance by License Plate Readers like Flock
September 22, 2026
ALPRs like Flock can track people’s movements without a warrant - new legislation by Senator Michelle Hinchey would stop the misuse and sale of driver location data and establish clear rules for its access and oversight
KINGSTON, NY – New York State Senator Michelle Hinchey today announced legislation (S.9890/A.10808) to protect New Yorkers and the traveling public from the unchecked use of automatic license plate reader (ALPR) technology, including systems operated by Flock Safety.
ALPRs are computer-controlled camera systems that record every car that comes into view, building detailed records of ordinary people’s movements and compiling them into a nationwide database that private companies and law enforcement can access on demand. This has predictably led to widespread abuse in New York and across the country by bad actors utilizing this widely unregulated technology to surveil and pursue people without cause and without a warrant. That includes stalking victims, targeting immigrant neighbors, and tracking people exercising their rights, from visiting a doctor to attending a protest, or going to worship.
In New York, there are no limits on who can access this data, how it can be stored and shared, or how long it can be kept. Hinchey’s bill would put clear, narrow guardrails on ALPR use to protect New Yorkers’ privacy while allowing law enforcement to use this tool for legitimate public safety work.
Senator Michelle Hinchey said, “ALPRs, and Flock cameras specifically, have sprung up all around our state without community input and in many cases without the public even knowing. America is not a surveillance state, and while we want law enforcement to have every tool they can to keep us safe and protect our communities, people’s basic rights must be maintained in the process. As ALPRs proliferate, too often over the objections of local residents, reports of bad actors using this technology to stalk and spy on innocent people - often crimes against women - are becoming more frequent. This showcases the need to build meaningful privacy and transparency protections into our laws around ALPR technologies, while restricting the storage and sale of people’s personal data. Our bill would be the first to do that in New York, and it will be a priority for us next session.”
“Every New Yorker deserves the freedom to live their life without being watched or surveilled. But for far too long, ALPRs have been used to track our every move and share it in reckless ways,” said Daniel Schwarz, Senior Privacy & Technology Strategist at the NYCLU. “Whether it’s driving to the grocery store, work, your kid’s school, a healthcare provider, a protest, or a place of worship, this unregulated technology creates detailed movement records of every New Yorker, holds it for unrestricted periods, and provides unfettered access to third parties. That’s not just creepy; it's dangerous and violates all of our basic civil liberties. But with S.9890/A.10808, Albany has the chance to protect New Yorkers and provide comprehensive, common-sense guardrails over these highly invasive surveillance systems. We must rein in this unregulated, fast-growing technology that’s violating New Yorkers’ rights.”
“From small towns to cities as large as Los Angeles, communities across the country are canceling their contracts with Flock and condemning mass surveillance,” said Corinne Worthington, Advocacy & Community Engagement Manager at the Surveillance Technology Oversight Project. “But the problem extends far beyond Flock, with numerous other automated license plate reader companies tracking our every move on the road. This legislation would rein in the use of all automated license plate readers in New York State, imposing severe limits on their deployment and data retention. Various municipalities in New York have ended their partnerships with Flock, but New York must pass our bill to protect residents statewide against all automated license plate readers.”
"At NYCDS, we see firsthand the consequences of surveillance tools outpacing regulatory oversight, particularly within communities that lack the resource power to push back,” said Stan Germán, Executive Director of New York County Defender Services. "Flaws inherent in ALPR technology, such as data misreads, directly result in wrongful arrests that further marginalize the vulnerable populations we serve. NYCDS supports this legislation as a necessary measure to establish accountability and close these systemic gaps."
Alasdair Whitney, Legislative Counsel at the Institute for Justice, said, "The Fourth Amendment doesn't allow the government to have unfettered access to sensitive data revealing where people go and how they live their daily lives. Senator Hinchey's bill honors that principle, and we applaud the Senator for addressing this pressing issue."
Hinchey’s bill would institute the following protections:
“Every New Yorker deserves the freedom to live their life without being watched or surveilled. But for far too long, ALPRs have been used to track our every move and share it in reckless ways,” said Daniel Schwarz, Senior Privacy & Technology Strategist at the NYCLU. “Whether it’s driving to the grocery store, work, your kid’s school, a healthcare provider, a protest, or a place of worship, this unregulated technology creates detailed movement records of every New Yorker, holds it for unrestricted periods, and provides unfettered access to third parties. That’s not just creepy; it's dangerous and violates all of our basic civil liberties. But with S.9890/A.10808, Albany has the chance to protect New Yorkers and provide comprehensive, common-sense guardrails over these highly invasive surveillance systems. We must rein in this unregulated, fast-growing technology that’s violating New Yorkers’ rights.”
“From small towns to cities as large as Los Angeles, communities across the country are canceling their contracts with Flock and condemning mass surveillance,” said Corinne Worthington, Advocacy & Community Engagement Manager at the Surveillance Technology Oversight Project. “But the problem extends far beyond Flock, with numerous other automated license plate reader companies tracking our every move on the road. This legislation would rein in the use of all automated license plate readers in New York State, imposing severe limits on their deployment and data retention. Various municipalities in New York have ended their partnerships with Flock, but New York must pass our bill to protect residents statewide against all automated license plate readers.”
"At NYCDS, we see firsthand the consequences of surveillance tools outpacing regulatory oversight, particularly within communities that lack the resource power to push back,” said Stan Germán, Executive Director of New York County Defender Services. "Flaws inherent in ALPR technology, such as data misreads, directly result in wrongful arrests that further marginalize the vulnerable populations we serve. NYCDS supports this legislation as a necessary measure to establish accountability and close these systemic gaps."
Alasdair Whitney, Legislative Counsel at the Institute for Justice, said, "The Fourth Amendment doesn't allow the government to have unfettered access to sensitive data revealing where people go and how they live their daily lives. Senator Hinchey's bill honors that principle, and we applaud the Senator for addressing this pressing issue."
Hinchey’s bill would institute the following protections:
- Preserves legitimate public safety uses by law enforcement, such as investigating felonies, locating missing persons and stolen vehicles, and enforcing traffic and parking laws.
- Bans the sale of ALPR data to private entities looking to profit from New Yorkers’ movements.
- Creates a private right of action, allowing individuals harmed by unlawful ALPR use to sue for damages and attorney's fees.
- Blocks out-of-state law enforcement from accessing New York’s ALPR data without judicial authorization.
- Requires ALPR data to be deleted within 48 hours unless it is used as evidence in an investigation or retained pursuant to a warrant.
- Prohibits using ALPRs to build speculative databases that preserve data for the future.
- Requires auditable access logs documenting who queries ALPR data.
- Requires annual public reporting on the websites of agencies using ALPRs, including camera locations and aggregate information, such as the number of plates captured.
Senator Hinchey's bill is supported by a coalition of civil liberties, legal services, and criminal defense organizations, including the New York Civil Liberties Union, The Legal Aid Society, New York County Defender Services, Electronic Privacy Information Center, Institute for Justice, All* Above All, NYU Center on Race, Inequality & The Law, and the Surveillance Technology Oversight Project.
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