Statements from Senator Mike Oliverio

The issue of surveillance cameras on public roadways is not new to me. Years ago, as Vice-Chair of Senate Judiciary, I led the effort in West Virginia to ban roadside cameras from issuing speeding tickets, as is currently being done in other states today. As technology has advanced, this issue is back, and it’s even more problematic. I maintain that the use of public surveillance cameras on state roadways, like ALPRs (Automated License Plate Readers) commonly known as “Flock” cameras, pose an unnecessary and serious risk to the expectation of privacy that every citizen deserves. I believe the Legislature must act quickly and expeditiously to regulate state use of Flock and similar systems to ensure that the privacy and constitutional rights of citizens are protected. I endorse the following proposals:

1. Warrants: Law enforcement must obtain a warrant to utilize Flock data, except in time-sensitive emergencies (such as kidnappings) where rapid response is necessary.
2. Privacy: All data may be accessed and owned only by the department authorized to use the system; the sale of that data is to be prohibited; and the sharing of that data is to be solely controlled by the owner. If there is no arrest connected to the data, it must be deleted no more than 7 days after collection. 
3. Accountability: Criminal penalties must be created to hold individuals who use the system for illegal purposes (such as stalking) responsible. Access to the system and actions relating to Flock data shall create a digital record that is documented in the system for public audit. These measures ensure accountability to the taxpayers funding the use of Flock.

This August, Flock's representative testified before the WV Legislature. The way that the representative responded to valid questions concerning the oversight of Flock and similar systems could be considered evasive, if not outright untruthful. Questions about previous hacks, the usage of data for Al training, and overall data security were answered in a half-baked and oftentimes misleading fashion. This is immensely concerning.

I have a record, built through my Legislative experience, of strongly supporting law enforcement and working to make our communities safer. I plan to continue the fight to make our communities even better and safer places to live, work, and raise families. However, safety cannot come at the expense of our constitutional freedoms and fundamental right to privacy. This is why I will fight to rein in Flock cameras and the various ways this technology can be abused to the detriment of our freedoms - just as I did when automatic speeding ticket cameras were proposed.

Senator Michael A. Oliverio, II – WV District 13