License Plate Recognition Policy
Last Updated: July 16, 2021
What LPR Is: License Plate Recognition technology (“LPR System” or “LPR”) utilizes cameras and various processes to capture and store digital images of vehicle license plates, and uses character recognition algorithms to identify license plate characters. An LPR System creates a searchable computerized database resulting from the data collected by fixed and/or mobile cameras located at various locations. LPR System data (“LPR Data”) includes license plate number information as well as the date, time and location when the image or information was collected.
Using LPR: There are many laws that govern how an LPR System may or may not be appropriately used by business organizations and law enforcement authorities. This LPR Policy pertains only to LAZ Parking. LAZ Parking shall be construed to include its corporate affiliates and its/their officers, directors, employees and agents (hereinafter collectively “LAZ Parking”). LAZ Parking may also be referred to herein as “We,” “Us” or “Our.”
Purpose Of This LPR Policy: The purpose of this LPR Policy (“Policy”) is to detail Our use of the LPR System, Our authorized users of the LPR System and how We appropriately use, access, process, share, store, maintain, collect, secure and retain the LPR Data that is within Our possession or control, in compliance with all applicable federal, state and local laws.
Purpose Of Collecting LPR Data: We utilize LPR to capture, analyze, and store digital license plate data to enable the rapid identification of vehicles in support of parking operations and compliance activities. LPR may also be used to supplement or replace paper tickets to log the times at which a vehicle enters or exits Our LPR enabled and LAZ Parking managed parking locations in order to determine the fee due upon exit. LPR Data may also supplement or replace proximity access cards and permit stickers to grant location entry to subscription parking permit holders and to facilitate a more efficient and expedient location exit.
How We Use LPR Data: We may use LPR Data to: (1) correct parking fees for lost entry tickets; (2) identify and track down abandoned vehicles left in Our managed parking locations; (3) verify the count of vehicles parked in Our managed parking locations; (4) help customers locate their vehicles; (5) identify open parking spaces; (6) permit entry/exit to vehicles without need for interaction at the entry/exit gate; (7) respond to inquiries from law enforcement, legitimate third party subpoenas or from other legitimate third parties; (8)issue fee, parking violation or citation notices; (9) collect on an unpaid debt; and (10) generate various operational metrics and statistical reports internal to Our organization and for Our own internal business purposes, noting that in certain instances Our clients may have access to the same data.
Restricted Uses: We do not process or make the LPR System or LPR Data available to individuals for any personal, non-commercial purposes. We only use the LPR System to collect license plate data from within public view. Any LPR Data that We may access shall not be used by Us to harass, intimidate or discriminate against any individual or constitutionally protected group.
Management Of The LPR System: The LPR System that is deployed at each parking location that We manage is primarily installed and managed by Our trustworthy independent third party service providers who have undertaken responsibility for safeguarding the LPR Data that is within their possession and control, including its collection, use, security, integrity, dissemination, retention, monitoring and destruction. Our trustworthy independent service providers have also assumed responsibility for ensuring that their authorized users of the LPR System operate the LPR System legally and in accordance with the terms of their respective LPR policies.
Training: All of Our authorized users of the LPR System (including Our employees and any contractor that We may hire to serve as one of Our authorized users) shall receive training prior to being granted access to the LPR System and/or LPR Data. A record of all completed training is maintained by Us and/or by Our independent trustworthy service providers. Our LPR operators may receive initial training from Our LPR service provider who may also provide the LPR software and hardware. The training may include the procedure and proper use of the system prior to being granted access to the LPR system. In addition, each of Our users may receive annual refresher training from the Program Manager or his/her designee. The training may include:
1. Education about applicable laws;
2. Education about how to operate the equipment; and
3. Education about how to safeguard password information and how to properly access the LPR System and LPR Data.
Access: Our authorized users with access to LPR Data shall include staff personnel, employees and contractors (if applicable) with an operational or departmental need to specifically oversee such a system and/or are responsible for parking operations and enforcement. The respective Facility Manager deploying an LPR System is the custodian and head administrator of the LPR System and its operation. The only individuals with access and the ability to query data in the system are:
- Facility Managers, and their designee(s)
- Program Managers, and their designee(s);
- Assistant Parking Managers
- Parking Supervisors;
- IT Personnel; and
All logins and queries are stored and monitored, and contain the following information:
- Purpose of query; and
- License plate and other criteria used to query the system.
This data shall be stored and monitored by each respective Facility Manager or their designees. License plate information is only referenced against vehicle parking databases or other third party databases where the third party has legitimately requested that We do so for a legitimate purpose, such as for law enforcement or for debt collection purposes. See section entitled “LPR Data Requests from Third-Parties” below.
The Facility Managers or their designees shall also run periodic audits to ensure access to the LPR Data was made by authorized persons for authorized uses.
What LPR Data Is Collected: The following information may be collected by the LPR System but not all of the following information may be received, accessed by, used or retained by Us:
- Vehicle license plate image captured;
- Vehicle license plate number;
- Vehicle license plate state;
- Location; and
- Payment and parking device information.
Data Storage & Data Retention: LPR Data is generally sent to and stored in the databases of Our trustworthy independent third party service providers. Some of the LPR Data that is accessed by LAZ Parking may be stored in Our database when such data is needed to process a parking related transaction at one of Our parking locations that We manage. This data is used by the LPR System, for example, to allow parking customers to gain entry to parking for which their permit is valid and to exit without having to provide payment. The permit holder’s license plate number may be used to supplement or replace proximity access cards, plastic hang tags, stickers, and other permit materials.
The length of time that LPR Data in Our possession or control will be retained or stored in Our databases varies depending on the parking lot location and such data may be destroyed or overwritten at any particular parking facility location if that location’s data storage capacity has been exceeded, but all such data is also centrally stored and maintained indefinitely by Our Business Intelligence Unit in a transactional format. In any event, when lawfully required to by court order, to comply with a pending litigation, in response to a legitimate inquiry from law enforcement or under circumstances where We need to continue to retain such data for Our own operational, research, statistical or business purposes, noting also that LPR Data not in Our possession or control may be stored in third-party LPR cameras, equipment and connected databases pursuant to a third-party’s own data privacy policies and procedures. The data records stored on Our LPR servers do not include photographs of the vehicle (either close-up of the license plate or context photo of the rear or front of the vehicle) but instead are limited to the alpha numeric license plate information and accompanying date, time, and location in the field. Such records do not directly identify a particular person. Please consult the LPR policies of our independent service providers for information about how long Our LPR service providers retain the LPR Data in their databases.
Security: We and Our independent trustworthy LPR service providers use administrative, operational, technical and physical safeguards to protect the LPR System and LPR Data from unauthorized access, use, destruction, modification or disclosure including implementing the following safeguards:
- Administrative: Username and password-protected access to the LPR System. The system shall document in a separate log all information access by username, including the date and time of access, the data elements used to query the LPR System, the organization or entity with whom the username is associated or affiliated with, what LPR Data was accessed and the purpose for accessing the data. In addition, the database usage shall be monitored and audited.
- Operational: Training Our authorized users on proper use and secure practices when using LPR Data and the LPR System and its database and taking steps to ensure that others who are designated as Our authorized users to be given access to the LPR System and LPR Data follow the requirements of this Policy including applicable law.
- Physical: All network equipment and servers containing sensitive data are maintained and accessed only by authorized personnel. This includes the secure storage of computers with access to the database.
- Technical: All information is encrypted to protect any personally identifiable information. The LPR System workstations and servers shall be updated with the latest security patches on a regular basis. Antivirus protection will be utilized, and log files will be periodically reviewed. The LPR Data shall be secured, encrypted, and backed up regularly.
In the very unlikely event of a data breach that constitutes a violation of any applicable law, proper data breach notifications will be made in accordance with applicable law.
Quality Assurance: Collection of or access to LPR Data may be automated in some cases so the LPR Data and details of collection or access are included in the LPR System without review. Although infrequent, license plate translation may be incomplete or inaccurate and LPR Data may include inadvertently collected or accessed information. Accordingly, the appropriate Facility Manager or his/her designee shall take the appropriate measures to ensure accuracy, correct license plate translation errors when identified and see that any inadvertently collected or accessed information is removed from the system and/or not used for any purpose.
Releasing LPR Data: We will not share LPR Data that is within Our possession or control with any commercial or private entity or individual, other than as necessary to conduct Our parking management operations. We include confidentiality provisions in Our agreements with Our contractors to prohibit any use or distribution of LPR Data within Our possession or control for any purpose other than the authorized uses under this Policy. LPR Data gathered or collected and records retained regarding this data will not be:
- Sold, published, exchanged, or disclosed for commercial marketing or promotional purposes.
- Disclosed or published without authorization.
- Disseminated to persons or entities not authorized to access or use the data.
LPR Data Requests from Third-Parties. We shall provide LPR Data to a federal, state, or local law enforcement or other governmental agency upon legitimate inquiry or only if a warrant or other court order is issued and served. In addition, LPR Data gathered shall not be disclosed to the public or in a civil matter unless such disclosure is required by law or court order. Further, any specific request for LPR Data that we may receive from a third party is always subject to Our review and approval. If we were to accept and approve such a request, We would require that the third party certify compliance with all applicable law and adopt LPR policies and practices consistent with this Policy.
Enforcement: Violation of this Policy by any LAZ Parking employee, retained contractor, or other LAZ Parking authorized user, may lead to suspension or termination of that user’s access to the LPR System and LPR Data, and potentially suspension or termination of employment or contract retention.
Changes To This Policy: This Policy may be amended from time to time in order to account for new LAZ Parking company-wide or facility specific policies and procedures and/or new changes in the law, so please be sure to periodically check this Policy for any new updates. We also reserve the right to apply such Policy amendments to any LPR Data that may have been collected prior to the implementation of any Policy amendment.
MANDATORY CONSUMER ARBITRATION AGREEMENT: THIS POLICY INCLUDES THE FOLLOWING MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CONSUMER DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, WHICH LIMITS YOUR REMEDIES IN THE EVENT OF A DISPUTE ARISING FROM THIS POLICY.
YOU (OR “YOUR”) AND LAZ PARKING INCLUDING ITS AFFILIATES (COLLECTIVELY “LAZ PARKING”) EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND LAZ PARKING AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS POLICY, OR INVOLVING ANY SERVICES OF LAZ PARKING OR PARKING FACILITIES THAT LAZ PARKING MAY SERVICE. YOU AND LAZ PARKING AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Arbitration Agreement is to be broadly interpreted and applies to (i) all claims based in contract, tort, statute, or any other legal theory; (ii) all claims You may bring against LAZ PARKING, its employees, officers, directors, agents, affiliates or representatives; and all claims that LAZ PARKING may bring against You. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR ACCEPTANCE OF OUR POLICY BY REGISTERED MAIL RETURN RECEIPT REQUESTED to LAZ PARKING at One Financial Plaza, 14the Floor, Hartford, CT 06103 Attn: Legal Department/Hilary Cantone. Include your name, address, and a clear statement that you do not agree to this Mandatory Arbitration Agreement.
You and LAZ Parking shall each be deemed a “party” and collectively “parties.”
a. Procedure. A party must send a written Notice of Dispute (“Notice”) describing
1. the nature and basis of the claim;
2. the relief sought, to the other party; and
3. the contact information of the complaining party.
The notice to LAZ PARKING should be addressed to: Legal Department/Hilary Cantone, LAZ PARKING One Financial Plaza, 14th Floor, Hartford, CT 06103 (“Notice Address”). If LAZ PARKING and You do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Arbitration Agreement, however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The AAA rules are available online at www.adr.org (https://www.adr.org/Rules). The arbitration will be confidential and hearings will take place in the federal judicial district of the Parking Facility location that is involved with Your claim.
b. Arbitrator’s Authority: The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. You and LAZ Parking agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.
c. Arbitration Costs: You will be responsible for Your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees You would incur if the claims were filed in court. You are responsible for all other costs/fees that You incur in arbitration, e.g., fees for attorneys, expert witnesses, etc. You will not be required to reimburse LAZ Parking for any fees unless the arbitrator finds that the substance of Your claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and LAZ Parking may seek reasonable attorney’s fees. LAZ Parking will pay all fees and costs it is required by law to pay.
d. Governing Law and Enforcement: This Arbitration Agreement is governed by the Federal Arbitration Act, 91 U.S.C. §§ 1 et seq. (“FAA”). In any arbitration under this Arbitration Agreement, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objection with respect to the existence, scope or validity of this Arbitration Agreement. If any portion of this Arbitration Agreement is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement shall remain in full force and effect except that if the class or collective action waiver provision is deemed unenforceable, any class or collective action claim(s) must proceed in a court of competent jurisdiction.
Contacting Us: If you have questions regarding this Policy, you may call Us at 860-906-3747 or contact Us via email at [email protected].