The U.S. Border Patrol accessed camera data from the Chehalis and Centralia Police Departments without explicit authorization, according to a report published by the University of Washington Center for Human Rights (UWCHR) on October 21, 2023. The report reveals that these departments were among at least ten state police agencies that experienced unauthorized access between May and August 2023. The method by which the federal agency gained this access remains unclear, raising concerns about compliance with state laws.
The UWCHR report suggests that the access could have been facilitated through a national system or by local departments activating a “National Lookup” feature within their Flock Safety system settings. This situation poses significant questions regarding adherence to Washington’s Keep Washington Working law, which prohibits law enforcement from using local resources for civil immigration enforcement.
The study’s findings stem from records requests made to 48 state law enforcement agencies, with responses received from 35 jurisdictions. Among these, at least eight state agencies reportedly permitted direct sharing of their networks with the U.S. Border Patrol. Moreover, there are indications that at least one agency may have conducted searches of Flock data on behalf of the federal agency.
Flock Safety, established in 2017, provides cameras that capture license plate information, which is often utilized by Immigration and Customs Enforcement (ICE) to locate individuals. Users can filter the extensive Flock database by various parameters, including license plate number and vehicle characteristics. While local police departments can control how their data is shared, the ease of access has led to apprehensions regarding privacy and civil rights.
Concerns Over Data Accessibility
The sharing of Flock data has been instrumental in various investigations, including the arrest of Jeffrey Zizz, who was charged with the murder of 82-year-old Marcia Norman in April 2023. Despite its effectiveness, the potential for misuse has alarmed local and state agencies. The UWCHR has noted a growing controversy over Flock data accessibility. Recent actions by the Washington Department of Licensing include suspending federal access to its Driver and Plate Search database.
Cities across the United States have reacted to these concerns by either canceling or suspending contracts with Flock. Notable examples include Austin, Texas; Sedona, Arizona; Syracuse, New York; and Berkeley, California. The UWCHR emphasizes that the proliferation of surveillance technologies significantly impacts the rights of Washington residents, especially as some face risks of federal immigration enforcement actions.
Centralia Police Department Commander David Clary expressed surprise upon discovering that the Border Patrol had temporarily accessed their network data. He clarified that this access was part of a now-terminated pilot program between Flock and federal law enforcement. Clary stated that his department had only allowed limited access to federal agencies, specifically for combating local crime.
“The only federal outfit that we ever gave access to was the Postal Inspector during a spike in porch thefts, and that access has since been revoked,” Clary noted. He assured that the Centralia Police Department adheres to state laws concerning immigration enforcement, emphasizing their commitment to public safety rather than aiding ICE in targeting individuals.
Clary described Flock cameras as invaluable tools for solving crimes, allowing law enforcement to quickly locate suspects based on vehicle descriptions. He acknowledged that any request to access Flock data must have a legitimate reason and is thoroughly logged.
Implications for Law Enforcement Practices
The accessibility of Flock data continues to provoke debate regarding privacy, civil rights, and the responsibilities of local law enforcement agencies. As technology evolves, maintaining a balance between effective policing and safeguarding the rights of individuals becomes increasingly complex. The ongoing scrutiny of surveillance practices highlights the necessity for transparency and accountability in how police departments utilize technology.
The Chehalis Police Department was contacted for further comments, but no response had been received by the time of publication. For those interested, the full report from the UWCHR can be accessed at their official site.
