My Friday post about Sedro-Woolley, Stanwood, and Flock Safety is already out of date.
Original post: Flock Safety data is public record
That post, “Privacy: What Happens When You Data Scrape FROM the Identity Vendors?”, discussed the case involving the two cities above and a private resident, Jose Rodriguez. The resident requested all Flock Safety camera output during particular short time periods. The cities semantically argued they didn’t have the data; Flock Safety did. Meanwhile the requested data was auto-deleted, technically making the request moot.
But not legally.
“IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff’s motion for Declaratory Judgment that the Flock camera records are not public records is DENIED.”
So the police attempt to keep the records private failed. Since it’s government material, it’s public record and accessible by anyone.
Update: the cameras are turned off
Now here’s the part I missed in my original post, according to CarScoops:
“[I]t turns out that those pictures are public data, according to a judge’s recent ruling. And almost as soon as the decision landed, local officials scrambled to shut the cameras down….
“Attorneys for the cities said they will review the decision before determining whether to appeal. For now, their Flock cameras aren’t coming back online.”
Because CarScoops didn’t link to the specific decisions by the cities, I investigated further.
Update 2: the cameras were turned off a long time ago
I sought other sources regarding Stanwood, Sedro-Woolley, and Flock Safety, and discovered that CarScoops did not state the truth when it said “almost as soon as the decision landed, local officials scrambled to shut the cameras down.”
Turns out Stanwood shut its cameras off in May, awaiting the judge’s eventual ruling.
“Fourteen Flock cameras were installed in Stanwood this February. Since May, they have been turned off.
“In November 2024, the Stanwood City Council approved a $92,000 contract with Flock Safety to install the cameras….
“The city is seeking a court judgment on whether Flock footage is public record or if it is exempt from the state Public Records Act.”
Moving on to Sedro-Woolley:
“The city of Sedro-Woolley is no longer using cameras that read license plates while it seeks a court ruling on whether images recorded by the cameras are considered public records.
“Police Chief Dan McIlraith said the seven Flock Safety cameras that went live in Sedro-Woolley in March were disabled in June.”
How to turn the cameras on again
From my perspective, the only way I see the Flock Safety cameras being turned on again is if the cities of Stanwood and Sedro-Woolley take the following two actions.
- First, the cities need to establish or beef up their license plate recognition policies. Specifically, they need to set the rules for how to reply to public records requests. (And no, “stall for 30 days until the records are auto-deleted” doesn’t count.)
- Second, and only after a policy is established, implement some form of redaction software. Something that protects the privacy of license plates, faces, and other personally identifying information of people who are NOT part of a criminal investigation.
And yes, such software exists. Flock Safety itself does not offer it—apparently it never, um, envisioned that a city would be forced to release all its data. But companies such as Veritone and CaseGuard do offer such software offering automatic redaction.
If you are a police agency capturing video feeds, plan now.
