Crowley Calls for Restrictions on Sheriff’s Flock Cameras

A Flock Safety automated license plate reading camera. Photo by Tony Webster, CC BY 2.0, via Wikimedia Commons.

Milwaukee County Executive David Crowley is seeking limits and a policy framework for the county’s use of controversial Flock surveillance cameras, which passively capture license plates for all passing vehicles and store them in a searchable database.

The county executive sent a memo Tuesday to county government leaders, law enforcement and court officials calling for the development of a policy framework for Flock surveillance cameras that limits when they are used, who can use them, how long data is stored and who has access to the data. Crowley’s memo comes a day after Mayor Cavalier Johnson released new rules for Flock cameras, eliminating access for rank-and-file Milwaukee Police Department (MPD) officers.

The memo went out to Sheriff Denita Ball, District Attorney Kent Lovern, Wisconsin State Public Defender Regional Manager Angel Johnson, County Board Chairwoman Marcelia Nicholson-Bovell and county department heads.

“Public safety partners should have the right tools to keep Milwaukee County safe, but unchecked surveillance isn’t the answer,” Crowley said in a statement Tuesday. “We have seen what can happen when this technology operates without clear rules, transparency and accountability. Protecting our residents’ privacy and maintaining the public’s trust is a responsibility I take seriously. That is why I am directing all county departments to limit the usage of all Flock camera systems and establish safeguards proactively, before a breach of public trust can occur.”

Flock cameras capture and store license plate numbers in a searchable database, recording the time and place the plate was captured. Law enforcement can track the movement of a particular vehicle by searching it in the Flock database. The company Flock Safety owns the cameras and sells access to their system and data to local governments and law enforcement agencies.

Law enforcement officers have been caught using the system to stalk people, including ex-girlfriends and wives, across the country, including in Milwaukee. The technology has also engendered significant pushback and criticism from the public and increasingly from elected officials.

In his memo, Crowley noted that there has not yet been a documented instance of the Milwaukee County Sheriff’s Office (MCSO) misusing Flock cameras, but said it is important to put guardrails on use of the technology “before a breach of public trust can occur.”

Two MPD officers have been charged for misusing the cameras and a third is currently under investigation.

There are 42 Flock cameras permitted for use on county parkland. Another six cameras are set up on county roads and equipment, but they are being used by local municipal police departments and permitted by the Milwaukee County Department of Transportation (MCDOT), according to the county executive’s office.

Crowley does not have the authority to direct MCSO policy. Under state law, only Sheriff Ball has the discretion to change and establish departmental policies. His memo asks the MCSO to develop a policy for Flock use that puts restrictions on permissible uses, authorized personnel, data retention and data sharing.

The contract for the county’s Flock cameras is held by the county’s technology and IT department, called the Information Management Services Division (IMSD), Crowley’s memo noted. The cameras are owned by Flock and the sheriff’s office has access to the data they collect.

The county executive has asked IMSD to evaluate the MCSO policy for any conflicts with a previously adopted framework for the department’s use of facial recognition technology. In February, Ball backtracked from plans to acquire and deploy facial recognition technology.

The county executive is also calling for a publicly accessible portal “to provide residents with information regarding the deployment and use of Flock camera systems.” He also called on municipalities in the county to “reevaluate their own use of this technology.”

Under the city’s new policy, only supervisors will be allowed to use the automated license plate-reading system, and searches will be limited to a narrower list of crimes and investigations. MPD will also stop sharing access to its camera data with outside agencies, create a public dashboard and undergo independent audits twice a year. The mayor issued the new guidance following a public letter from Alderwoman Marina Dimitrijevic and a majority of the Milwaukee Common Council expressing concern.

Flock cameras have become a flashpoint in U.S. politics. In Wisconsin, several communities have already canceled contracts with the company Flock Safety, including Dane County and the City of Oshkosh. Recently, the City of Sheboygan moved to end its contract with Flock after the company allegedly violated the terms of their agreement, according to Sheboygan Mayor Ryan Sorenson.

Crowley is running for governor against Republican U.S. Rep. Tom Tiffany. During his primary campaign, he responded to questions about Flock use with a response similar to the one he issued Tuesday, saying, “Law enforcement and public safety partners need resources to keep our neighborhoods safe. At the same time, those tools must not infringe on the rights and privacy of Wisconsinites,” as the Milwaukee Courier reported.

Sheriff Announces Flock Policy Changes

After publishing, Sheriff Ball released a statement announcing MCSO would implement a series of Flock camera policy changes, as well as some of the MCSO’s existing Flock policies. Though, it was not specified which policies are new.

Ball did say a new public portal would be rolled out in the coming days and that data retention would be reduced from 30 says to seven days.

Other policies MCSO has, or will implement, include limiting automated alerts will be limited to “stolen vehicles/license plates, violent crime, and missing or endangered persons,”; prohibiting data sharing with law enforcement outside of Wisconsin and searching statewide or nationwide data; Enabling Flock’s audit-assistance tool and automatically locking user accounts when a search is flagged; prohibiting searches related to immigration or reproductive health; requiring documentation of case number, search justification and the nature of the alleged offense when using the system for a search; only allowing MCSO personnel to use MCSO Flock technology.

Supervisor Announces Resolution to Ban Flock Cameras

Sup. Justin Bielinski announced he and other supervisors plan to introduce a resolution banning Flock cameras from Milwaukee County Parks.

“Simply visiting a public place is not probable cause of committing a crime. Flock safety has proven themselves an unreliable partner, and we need look no further than the Milwaukee Police Department to find multiple cases of officers misusing this technology to inappropriately track people,” Bielinski said in a Facebook post.

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