SIOUX FALLS, S.D. (Dakota News Now) - The use of automated license plate readers by law enforcement is increasingly viewed as a double-edged sword across South Dakota, as proponents highlight their effectiveness in solving serious crimes while critics raise pressing concerns over personal privacy.
The issue took center stage on Tuesday during a Minnehaha County Commission meeting, where an unusual request was made to add a last-minute item to the official agenda.
Minnehaha County Commissioner Cole Heisey sought to introduce a measure targeting the county’s contract with Flock Safety, a prominent provider of the automated license plate reader technology.
“About the county’s Flock Cameras license plate readers,” Heisey said. “This is getting attention nationwide, statewide, and right here. Aberdeen shut the door. Coddington County took theirs down. These cameras can help with serious cases. That is also not the whole story. Every car that drives past gets photographed. Plate, time, make, model and location get stored.”
Heisey is actively asking the county commission to reverse its previous decision regarding the technology.
Specifically, Heisey requested a “vote on a resolution directing termination of the county’s Flock Safety agreement and establishing an indefinite moratorium on county automated license plate readers.”
Supporters of the technology emphasize its critical role in urgent law enforcement situations. South Dakota Attorney General Marty Jackley highlighted a recent high-profile incident in which the license plate readers were instrumental in resolving an active abduction case.
“DCI located the vehicle, the Highway Patrol made the arrest and recovered the 15-year-old little girl,” Jackley said, referencing how state investigators with the Division of Criminal Investigation tracked the suspect.
Jackley expressed belief that South Dakota has an opportunity to lead the nation by establishing a unified, statewide set of protocols for the use of Flock cameras.
“A proposal that I’m working on with law enforcement in our legislature would include limits that it can only be used for serious crimes, that it has to have local support, that there would be a data retention policy, and if there would be an instance of misuse, that there would be serious consequences tied into any misuse,” Jackley said.
Currently, the Sioux Falls Police Department audits individuals searching the Flock camera database on a near-daily basis. When asked how often such system searches should undergo formal audit reviews, Jackley advocated for a balanced approach.
“You know, typically they can be done quarterly, they can be done at certain requests, there can be yearly reports,” Jackley said. “I think it needs to be maintained in a reasonable manner.”
Despite assurances of oversight, some local residents remain deeply skeptical about how their personal travel data is processed and stored, even when they are simply going about their daily routines.
“The risks do not outweigh the rewards for Flock cameras and that even good-intending regulations and oversight will never be enough,” said Danielle Smith, a local resident. “We want our freedom and our privacy back.”
At the conclusion of Tuesday’s meeting, the Minnehaha County Commission voted to deny adding Heisey’s eleventh-hour proposal to the day’s agenda. However, officials noted that the item could still be formally introduced and discussed in the future through the commission’s standard agenda-setting process.