The American Civil Liberties Union (ACLU) is maintaining that recent operational changes announced by surveillance company Flock Safety do not sufficiently protect civil liberties, despite the company's efforts to address public criticism regarding its nationwide automatic license plate reader network. This ongoing scrutiny follows a mid-August critique of the company's data retention and search protocols.
Criticism of Data Retention
The ACLU's assessment, released on August 13, 2026, argues that Flock's updates are largely a public relations response to overwhelming public opposition rather than a fundamental shift in its business model. The organization noted that Flock operates more than 120,000 automatic license plate readers (ALPRs) across the country, collecting broad location data and sharing it through a massive nationwide database.
Risks of Evidence Mode
A primary point of contention involves Flock's decision to reduce its standard data retention period from one month to one week. While the company noted that roughly 90 percent of all searches on the platform occur within a week of data collection, the ACLU warned that the new 'Evidence Mode' could undermine these privacy gains. Under this mode, data tied to a specific case number is preserved indefinitely rather than aging out after seven days.
Concerns Over Local Control
The ACLU expressed concern that if 'Evidence Mode' triggers the retention of any data that has been searched, it could lead to the indefinite storage of vast amounts of location data. This would potentially capture the movements of individuals who are not suspected of any wrongdoing. Furthermore, the organization noted that while Flock does not dictate retention periods, it provides the tools that allow various governments to choose longer, more invasive periods.
Failures in Search Restrictions
The company has also promised more local control by allowing cities to decide which types of offenses other customers can search for in their data. However, the ACLU argued that this has failed in the past. For instance, on June 12, 2025, Flock introduced a 'Proactive Search Term Tool' intended to block impermissible searches, such as those related to reproductive healthcare in Illinois. The ACLU noted that users were able to easily circumvent these restrictions by entering arbitrary terms like 'investigation' or 'hehehe' into text boxes.
Effectiveness of Auditing
The effectiveness of Flock's 'Audit Assistance' tool, which is being rolled out to all customers as a standard feature, remains unverified by independent evaluators. While Flock claims the tool has increased the identification of officer misuse, the ACLU pointed out that there is no way to determine if the tool is catching a significant majority of violators or only a small fraction. The organization argued that without independent analysis, the tool may serve as little more than 'window dressing' for the company.
Utah Statutory Restrictions
In Utah, the use of these surveillance technologies is governed by strict statutory limitations. According to the Utah Code, a governmental entity is prohibited from using an automatic license plate reader system unless specific exceptions are met.
Permitted Law Enforcement Uses,
Under current Utah law, law enforcement agencies are permitted to use ALPR systems for specific purposes, including active criminal investigations, apprehending individuals with outstanding warrants, locating missing or endangered persons, and locating stolen vehicles. Additionally, agencies may access the Utah Criminal Justice Information System to verify vehicle registrations, confirm vehicle identification, or verify insurance information.
