Ohio AG recommends criminalizing misuse of Flock camera technology

COLUMBUS, Ohio — Attorney General Andy Wilson is asking the Ohio General Assembly to criminalize the misuse of Flock camera technology as communities around the state are parting ways with the program amid public concern.

The use of Flock license plate reader cameras has drawn renewed debate across central Ohio as supporters have called the technology a valuable law enforcement tool, while critics have raised concerns about privacy and government surveillance.

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Wilson is defending Flock cameras as an important law enforcement tool while acknowledging the need for safeguards, as officers in Reynoldsburg, Columbus and a deputy with the Franklin County Sheriff’s Office are under investigation for alleged misuse of the technology.

He sat down exclusively with 10TV’s Lacey Crisp to discuss the technology and the concerns surrounding it.

Over the last two months, several communities have paused or ended their use of Flock, including Hilliard, Reynoldsburg, Columbus, Buckeye Lake and Worthington Schools. Cities such as Dublin and Bexley say they will continue to use Flock.

But Wilson said communities should not give up what he calls a critical law enforcement resource.

“We need to give our men and women in uniform every tool we can give them that will help protect the public, and this is one of the best tools I’ve seen in my career,” he said.

Wilson argued Flock cameras are a “force multiplier” for law enforcement and said the technology has helped officers locate wanted people, stolen vehicles and people in crisis.

But he also acknowledged concerns about how the technology could be misused.

“Every tool that we give to law enforcement, public safety is subject to misuse,” Yost said. “Every tool is subject to abuse, so we need to have tight policies on how we regulate, how we audit and how we punish when those tools are misused.”

One of the concerns raised by communities such as Hilliard involves Flock as a private company and what happens to information collected through its cameras.

Wilson said local governments can address those concerns through their contracts with Flock or other license plate reader companies.

“You set out exactly what your policies want to be in that contract and if they aren’t going to do what you’re comfortable with, you just don’t sign the contract with them,” Wilson said.

Wilson also said other license plate reader companies are available and argued communities should not deprive law enforcement of the technology altogether.

Wilson said he supports legislation that would make the misuse of license plate reader systems a felony.

He compared that potential penalty to the existing law governing misuse of Ohio Law Enforcement Gateway, or OH-LEG, which he said is a fifth-degree felony.

Wilson said the penalty for misusing these systems should be at least a fifth-degree felony, and potentially a fourth-degree felony.

He said officers have a responsibility to protect both public safety and civil liberties.

“We give our law enforcement officers the ability or the power to deprive people of their civil liberties. That is an incredible responsibility that needs to be handled appropriately,” Wilson said.

Wilson said local officials ultimately have to decide what level of technology and surveillance they are comfortable using in their communities.

But he said the potential to prevent serious crimes is a major reason he supports keeping Flock cameras available to law enforcement.

“It just boils down to what you’re going to tolerate in your city,” Wilson said. “What the threshold for protecting the people in the city is.”

He then pointed to what he described as the potential to save a child’s life through the use of the technology.

“One kid, one child who’s kidnapped and killed who otherwise would have been able to be saved because of the cameras makes it all worth it,” Wilson said.

The city announced earlier this month that it is pausing its use of Flock license plate readers amid an investigation into alleged misuse of the system by a police officer.

RELATED: Columbus pauses use of Flock camera system amid investigation into alleged misuse by officer

Columbus Division of Police Chief Elaine Bryant said the officer involved was relieved of duty pending the outcome of the investigation. 

Bryant said the officer involved had allegedly searched for the same license plates hundreds of times.

Mayor Joe Begeny confirmed the city discontinued its use of Flock safety cameras after concerns about trust and misuse of the system. The decision came as two Reynoldsburg police officers face an investigation involving allegations of misuse.

RELATED: Reynoldsburg discontinues its use of Flock safety cameras

“This is not a decision I have made lightly,” Begeny said. “Balancing the safety benefits of emerging technology with public trust and concerns about potential or actual misuse is never easy. However, I believe now is the time to move on. We will work with Flock Safety to remove the devices as soon as possible.”