Law enforcement: other; guidelines for use of registration plate reader systems; provide for. Creates new act. TIE BAR WITH: HB 5493'26
Summary
House Bill 5492 creates the “regulating automatic license plate readers act” to govern how privately operated automatic license plate reader (ALPR) systems handle captured license plate data in Michigan. The bill establishes procedures for preserving and disclosing data when requested by a governmental entity or a criminal defendant, including a requirement that an operator preserve relevant data for at least 14 days after receiving a sworn preservation request. It also allows a court to order disclosure if there are reasonable grounds to believe the data are relevant and material to an ongoing criminal investigation, missing persons investigation, or criminal prosecution or defense.
The bill further limits government access to privately held ALPR data by requiring a warrant or compliance with the preservation-request process, and only when the private system retains data for 14 days or less. It bars the use of captured plate data or evidence derived from it in any proceeding if disclosure would violate the act, creates a private right of action for people harmed by violations, and provides damages, attorney fees, and costs. The bill also makes captured plate data exempt from FOIA, with limited disclosure to the registered owner or with written consent, and adds special protections for vehicles associated with valid protection orders.
Impact
HB 5492 would add a new layer of statutory regulation over private ALPR operators and the handling of captured plate data in Michigan. It would create enforceable rules for preservation, disclosure, destruction, and admissibility of data, while also restricting how governmental entities may obtain privately held ALPR information. The bill would affect private ALPR vendors, law enforcement, criminal defendants, vehicle owners, and individuals protected by restraining or protection orders, and it would create civil liability for violations. The act is tied to HB 5493, meaning it would not take effect unless the companion bill is enacted.
Sentiment
The available context suggests the bill is framed as a privacy- and due-process-oriented measure, with no recorded committee transcript or vote history indicating opposition or support. Its structure reflects a balancing approach: it permits access to ALPR data for criminal and missing-person investigations, but only under defined legal procedures and with limits on disclosure and use. Overall, the bill appears to be aimed at regulating data practices rather than expanding surveillance powers, which suggests a cautious or protective policy posture.
Contention
The main points of potential contention are the bill’s restrictions on access to privately held ALPR data and the conditions under which law enforcement may obtain it. Privacy advocates are likely to support the FOIA exemption, limits on disclosure, and special protections for people with protection orders, while law enforcement or data-holding entities may view the warrant requirement, preservation rules, and admissibility limits as burdensome. Another likely issue is the private right of action and damages provision, which exposes violators to civil liability and could be seen as a strong enforcement mechanism. The tie-bar to HB 5493 is also significant because the bill cannot take effect on its own.
Limiting the use of automatic registration plate readers, requiring a search warrant for data from an automatic registration plate reader or security camera, and providing a penalty.
To Amend The Automatic License Plate Reader System Act; And To Provide For The Use Of Automatic License Plate Readers By Private Landowners, Private Leaseholder, And Commercial Businesses.