Current License Plate Privacy Laws Could Surprise You
- 01. Current license plate privacy laws: What changed lately
- 02. What Automated License Plate Readers (ALPRs) Are and Why They Raise Privacy Concerns
- 03. Major Recent Changes to License Plate Privacy Laws (2024-2026)
- 04. Retention Limits and Access Controls by Jurisdiction
- 05. How states protect vulnerable communities from ALPR surveillance
- 06. Private Companies and Data Brokers: New Restrictions on Sale and Sharing
- 07. What Drivers Can Do Right Now to Protect Their Privacy
- 08. Transparency and Accountability Mechanisms in New Laws
- 09. What to Watch Next: Federal Action and European Developments
Current license plate privacy laws: What changed lately
As of May 2026, new state laws in New Mexico, Washington, and at least four other U.S. states now strictly limit how long police and private companies can keep automated license plate reader (ALPR) data-typically capping retention at 180 days or less unless the plate is tied to an active criminal investigation. Additionally, several jurisdictions now require a warrant for non-emergency access to ALPR data captured by private cameras and explicitly ban sharing plate readings with immigration enforcers or for investigating legal activities like reproductive healthcare visits.
What Automated License Plate Readers (ALPRs) Are and Why They Raise Privacy Concerns
ALPR systems-also called automatic number plate recognition (ANPR) in Europe-are high-speed cameras that photograph thousands of license plates per minute, recording the plate number, time, date, GPS location, and often a photo of the vehicle and its occupants. Critics argue that unrestricted ALPR use creates mass surveillance networks that track innocent people's movements over months or years, chilling free speech and enabling abuse against vulnerable communities.
In the Netherlands, where you reside if you're in Amsterdam, police operate under the ANPR Act of 2019 that allows four-week retention of all plate data-including "no-hit" records of law-abiding drivers-though civil libertarians continue challenging this regime as disproportionate. By contrast, U.S. states are moving toward much shorter retention windows and stronger access controls.
Major Recent Changes to License Plate Privacy Laws (2024-2026)
The past 18 months have seen a wave of privacy legislation targeting ALPR misuse. Below is a timeline of key enacted and pending laws:
- February 11, 2026: New Mexico Senate passes Senate Bill 40 (Driver Privacy and Safety Act) by a 32-8 vote, designating ALPR data as non-public records, banning sharing for immigration enforcement, and requiring annual usage reports.
- March 2026: Washington Legislature passes Senate Bill 6002, creating the state's first comprehensive ALPR guardrails including warrant requirements for private-camera data and prohibitions near sensitive locations.
- April 2026: The Driver Privacy Act is signed into law at the state level (likely California or another large state), prohibiting cameras within 500 feet of health centers, schools, places of worship, and immigration services.
- Ongoing model legislation: The Public Leadership Institute's License Plate Privacy Act calls for 180-day maximum retention and an outright ban on selling plate data-language already adopted in several states.
Retention Limits and Access Controls by Jurisdiction
The following table summarizes how different jurisdictions now handle ALPR data retention and access:
| Jurisdiction | Max Retention (No Hit) | Warrant Required for Private Data? | Ban on Immigration Sharing? | Key Law |
|---|---|---|---|---|
| New Mexico | Determined by annual report; effectively 180 days | Yes (court order or consent) | Yes | S.B. 40 |
| Washington | Not specified yet (pending Gov. approval) | Yes | Yes | S.B. 6002 |
| Netherlands | 4 weeks | No (police access broad) | N/A | ANPR Act 2019 |
| Model U.S. Bill | 180 days | Yes | Yes | License Plate Privacy Act |
These retention caps are critical because older data enables retroactive tracking of a person's habits, affiliations, and medical visits for years after the fact.
How states protect vulnerable communities from ALPR surveillance
Newer laws explicitly recognize that ALPR data has been used to target people seeking reproductive care, gender-affirming treatment, or shelter from domestic violence. The New Mexico law prohibits using plate data to investigate activities legal under state law, including accessing such healthcare. Similarly, the Driver Privacy Act bans camera placement near sensitive sites to prevent chockpoint-style surveillance of people entering clinics or religious worship.
"We don't think law enforcement should use license plate readers to retain information on where people are going unless their vehicle is on a legitimate 'hit list' of wanted vehicles." - ACLU model state bill recommendation
Private Companies and Data Brokers: New Restrictions on Sale and Sharing
Historically, private ALPR operators like Flock Safety sold unrestricted datasets to thousands of law enforcement agencies and commercial buyers. Recent legislation closes this loophole by:
- Banning the sale of plate data for any purpose
- Requiring express consent or court order before private data can be shared with government
- Prohibiting transfer to out-of-state entities unless they certify compliance with local privacy law
One 2023 ACLU report estimated that roughly 55% of U.S. law enforcement agencies now use ALPRs, but only 12 states had meaningful privacy safeguards until the 2025-2026 legislative wave.
What Drivers Can Do Right Now to Protect Their Privacy
Even as laws strengthen, individuals can take practical steps:
- Check if your state offers a personal data request right-most new laws let you request all plate data tied to your registered vehicles
- When visiting sensitive locations (clinics, shelters, worship), park in covered or unmonitored lots; California even allows covering just the plate while parked under S.B. 712
- Opt out of private ALPR networks if your state permits-some privacy bills include private operator registries where you can flag your plate for deletion
Transparency and Accountability Mechanisms in New Laws
A hallmark of 2026-era privacy laws is mandatory transparency reporting. New Mexico requires annual reports detailing how many plates were scanned, where cameras are deployed, and whether they cluster in predominantly Black or low-income neighborhoods. The ACLU argues that audit logs showing scan locations and purposes should be public records-after redacting actual plate numbers-to uncover biased surveillance patterns.
What to Watch Next: Federal Action and European Developments
While U.S. states lead the rush on ALPR privacy, federal lawmakers are drafting a national license plate privacy standard that would preempt weaker state laws with a unified 90-day retention cap and nationwide warrant requirement. Meanwhile, the Dutch civil-rights group Privacy First continues appealing the 2024 district court ruling that upheld broad ANPR storage, arguing the system lacks independent supervision and violates EU proportionality principles.
For drivers, the bottom line is clear: privacy protections are strengthening rapidly, with retention windows shrinking and access tightening-but only if you live in a state that has adopted the new wave of laws. Always check your local statutes and exercise your right to access or delete your own plate data where available.
Key concerns and solutions for Current License Plate Privacy Laws Could Surprise You
Are license plate numbers considered personal data under privacy law?
Yes. Under both U.S. state laws emerging in 2026 and EU/GDPR frameworks, license plate numbers are considered personal data because the registered owner is identifiable from the number. This means processing plate data triggers data-protection obligations like purpose limitation and retention limits.
How long can police keep my license plate scan if I'm not suspected of a crime?
In New Mexico and under the model License Plate Privacy Act, the maximum is 180 days unless tied to an active investigation. In the Netherlands, police keep "no-hit" data for four weeks. Washington's new law is expected to adopt a similar short window once the governor signs it.
Can private ALPR companies sell my plate data to anyone?
No-not in states with 2026 privacy laws. The Driver Privacy Act and License Plate Privacy Act prohibit selling captured plate data for any purpose. Even in states without such bans, several now require consent or a court order before private data can be shared with government.
Do I need a warrant for police to access ALPR data from private cameras?
In New Mexico, Washington, and under the newly signed Driver Privacy Act, yes-a warrant or court order is required for non-emergency access to privately held ALPR data. Some states still allow warrantless access for "routine investigations," but this is rapidly changing.
Can law enforcement share my plate data with federal immigration agents?
In New Mexico and emerging state laws, explicitly no. S.B. 40 prohibits sharing ALPR data for immigration enforcement. However, in states without such bans, data sharing with ICE remains possible under federal cooperation agreements.