Kansas License Plate Reader Laws

Status at a glance

The open records exemption

The Kansas Open Records Act defines an “automated license plate recognition system” as “one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data” (K.S.A. 45-217(a)). “Captured license plate data” means “the global positioning device coordinates, date and time, photograph, license plate number and any other data captured by or derived from an automated license plate recognition system” (45-217(c)).

K.S.A. 45-221(a) begins: “Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose:” Item (55) on that list is “Records of a public agency that contain captured license plate data or that pertain to the location of an automated license plate recognition system.”

The wording lets an agency withhold these records from a public records request. It doesn’t, by its terms, forbid disclosure. It also concerns the open records act, not criminal discovery or subpoenas. See public records requests for ALPR data.

What Kansas statutes don’t address

We found no Kansas statute governing permitted police uses, retention, sharing, stops based on alerts, audits or penalties for ALPRs. The open records provisions define ALPR terms and exempt the data from disclosure, and nothing more. In Kansas, the other questions are left to each agency’s policy and to constitutional law.

A possible five-year expiration

K.S.A. 45-229(b) provides: “Subject to the provisions of subsections (g) and (h), any new exception to disclosure or substantial amendment of an existing exception shall expire on July 1 of the fifth year after enactment of the new exception or substantial amendment, unless the legislature acts to continue the exception.”

The official history notes for both 45-217 and 45-221 cite a 2022 session law (L. 2022, ch. 48). If the ALPR exception was enacted in 2022 as a new exception, it would expire July 1, 2027 unless the legislature continues it. But 45-229(e) also says: “Any exception that is not identified and certified to the president of the senate and the speaker of the house of representatives is not subject to legislative review and shall not expire.” We haven’t confirmed the enactment year, whether the exception was certified, or whether a 2025 amendment to 45-221 affected it.

An example: Overland Park’s policy

Overland Park Police Department SOP 2370, effective October 8, 2026, is one agency’s policy. Other Kansas agencies may have different rules. Among its provisions:

• Basis for use. Data mining, sharing and dissemination are for law enforcement purposes only and must meet one of four listed conditions, including being “Based on at least reasonable suspicion of unlawful behavior or endangerment,” based on an official investigation, or for intelligence gathering (III.A.1.b).
• Search entries. “Members must enter an associated case number or event number and a valid reason for each search, detailing sufficient facts to demonstrate its legitimacy. Vague entries, such as ‘investigation’ or ‘routine patrol’ are prohibited” (III.B.3).
• Audits. Monthly audits of system queries include, at minimum, “a random sample of one percent of all searches for the previous calendar month” (III.A.1.e).
• Alerts. Officers visually verify the plate number and state, and verify the plate’s current status through dispatch or an MDT query, before initiating a stop (III.B.6).
• Prohibited uses. These include enforcing laws outside the department’s jurisdiction, “such as tax law or immigration law,” and “Integration of artificial intelligence facial recognition technology” (III.B.5).
• Sharing. Data may be shared only with law enforcement or prosecutorial agencies, on a written request. “No ALPR vendor shall be permitted to maintain access to Overland Park ALPR data” (III.B.9–10).
• Retention. “Automated License Plate Reader data is generally retained for 30 days and may be queried for use in ongoing law enforcement investigations.” Data tied to a criminal investigation or civil action may be kept in the case file indefinitely. Audit trails are purged within two years unless a preservation request is made (III.D.1).

Questionable use is referred to the Office of Professional Standards and, if misconduct is found, to the District Attorney’s Office. The policy creates no evidentiary remedy.

What this can mean in a Kansas case

• Which agency operated the camera, and what does its written policy say?
• For an Overland Park search, does the log show a case or event number and a specific reason? See ALPR audit logs and search records.
• Was data older than the agency’s retention period used? If so, where was it kept, and on what basis?
• For a stop on an alert, was the plate and its status verified first? See ALPR alert traffic stops.
• Was data shared with another agency, and is there a written request on file?
• Does the open records exemption limit what is publicly available, and what can be sought through discovery instead? See requesting ALPR records in discovery.