Short answer
Anyone can request records about how an agency uses license plate readers, but the federal FOIA covers only federal agencies. Local police fall under state public records laws, which differ. Policies, contracts and audit reports are often available. Raw plate data frequently isn’t. Tennessee law, for example, makes captured plate data confidential.
Which law applies
The Freedom of Information Act applies to federal agencies: executive departments, military departments, government corporations, independent regulatory agencies and similar bodies in the executive branch (5 U.S.C. § 552(f)). City police departments, sheriffs and state police aren’t covered. Requests to them go under the state’s public records law, which sets its own deadlines, fees and exemptions. We describe state laws only after verifying them. See license plate reader laws by state.
What is often available
Records about the program, rather than about individual vehicles, are the usual targets:
- Usage and privacy policies. These set the rules for searches, retention and sharing. Knoxville’s general order is published online, for example.
- Transparency portals. Flock said in August 2026 that more than 1,500 agencies had activated published transparency portals showing their policies, retention periods, sharing partners and search activity. What each portal shows depends on the agency.
- Contracts and purchase records. These cover what was bought, how many cameras, and the data terms.
- Audits and oversight reports. Some are published by auditors or inspectors general, such as the California State Auditor’s 2020 report and Seattle’s annual surveillance-technology reviews.
Raw plate data
Plate reads and images are often exempt from public disclosure. Knoxville’s policy states that under Tennessee law, “captured plate data from ALPR systems must be treated as confidential and shall not be open for inspection by members of the public” (¶ 30). Other states treat the data differently, and exemptions for investigative records can also apply. Even where data could be released, a short retention period may mean it no longer exists.
Public records vs. discovery
A public records request and criminal discovery serve different purposes. Public records law decides what any member of the public can see. Discovery decides what a defendant can obtain for their case, and it can reach records that are confidential to the public. For case-specific records, such as reads of your vehicle, search logs and the hotlist entry, discovery is usually the route. See requesting ALPR records in discovery.
Public records can still help a defense. An agency’s policy, audit history or sharing list can show what rules applied and whether they were followed. If you have a pending case, talk to your attorney before filing requests about it.
Law varies by state. State constitutions, statutes and courts may treat this issue differently from federal law. A licensed attorney in your jurisdiction can tell you how it applies.
Sources
- StatuteFreedom of Information Act, 5 U.S.C. § 552§ 552(f)(1) (definition of “agency”) · accessed 2026-11-05
- PolicyKnoxville Police Department, General Order No. 4.26, “Automatic License Plate Readers”Revised July 28, 2026 · ¶¶ 15, 27, 29–30
- SecondaryPolice1, “Flock Safety sets 7-day default for ALPR data, adds mandatory misuse safeguards”August 14, 2026
- Government reportCalifornia State Auditor, Report 2019-118, Automated License Plate Readers (full report)February 2020
- Government reportSeattle Office of Inspector General, Surveillance Technology Usage Review: Automated License Plate Reader – Patrol (2021 and 2022)September 29, 2023 · pp. 5, 7, 13
Related
- Requesting ALPR Records in DiscoveryHow the defense obtains license plate reader records: Rule 16, Brady, subpoenas, what to ask for, and why preservation requests need to come early.
- ALPR Data Retention and SharingHow long license plate reader data is kept, who decides, how records are preserved, and how widely agencies share ALPR data, with Flock, Tennessee and California examples.