Police officer’s arrest highlights private surveillance concerns over Flock cameras
A police officer in Milwaukee is facing criminal charges after he allegedly used his department’s license plate reader technology to track someone he was dating and that person’s ex. The incident is the latest controversy facing Flock Safety, a company whose cameras are used by more than 5,000 law enforcement agencies across the country.
The officer, 33-year-old Josue Ayala, looked up his then-partner’s license plate 124 times between March and May last year, according to a criminal complaint. Ayala is also accused of performing searches for a person the partner had previously dated 55 times.
The Flock cameras can be used to track locations visited by a specific vehicle.
Ayala is charged with misdemeanor misconduct in public office and could face up to nine months in prison and a $10,000 fine if convicted. Ayala allegedly claimed that the searches were conducted as part of an “investigation,” a claim authorities dispute.
In a press release on Tuesday, Milwaukee Police Chief Jeffrey B. Norman promised accountability if Ayala is found guilty.
“I am extremely disappointed to learn about the incident and expect all members, sworn and civilian, to demonstrate the highest ethical standards in the performance of their duties,” he said. “If a member violates the code of conduct, they will be held accountable. I want to remind the public that everyone is afforded the right of due process under the law, and as such, are innocent until proven guilty.”
Jon McCray Jones, a policy analyst for the American Civil Liberties Union’s Wisconsin chapter, said the case demonstrates the need for oversight of how police departments use the Flock surveillance technology.
“The accusations made against Milwaukee Police Officer Josue Ayala exemplify just how easily Flock cameras can be turned against the very people the technology purports to protect,” Jones said in a statement.
“This incident displays a pattern we’ve seen across the country,” Jones added. “Law enforcement using taxpayer-funded policing tools and turning them into a means of private surveillance to use however they wish — often to spy on women they have a romantic interest in.”
In Wisconsin alone, two other officers have been accused of using Flock without authorization to track people’s movements for personal reasons, according to the Wisconsin Examiner.
Audit logs track Flock use
The discovery was made after Ayala’s partner’s ex performed a search on HaveIBeenFlocked, a website that hosts license plate reader audit logs obtained from police departments around the country through public records requests. The logs can include information such as license plate numbers, the reason a search was conducted and how many cameras were accessed.
Flock Safety spokesman Paris Lewbel told The New York Times that audit logs allow police departments to ensure that their technology is being used responsibly.
“When concerns arise, agencies have the tools to review activity and take appropriate action,” Lewbel said.
Last month, however, a document obtained by 404Media showed that a Houston-area police intelligence center has told officers to “be as vague as permissible” when conducting searches with Flock. Vague searches would potentially help shield the very types of abuses discovered in audit logs obtained through public records requests.
Legislation was also introduced in Arizona earlier this month that includes a section banning the use of public records requests to obtain data gathered by license plate readers.
The controversies surrounding Flock have led towns and cities across the country to cancel their contracts with the company. Flock’s cameras have also been targeted by vandals upset with surveillance.
Ella Rae Greene, Editor In Chief
