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While calling Flock Safety automatic license plate reader cameras effective when used properly, Attorney General Andy Wilson said the state Legislature should criminalize their misuse.
In a Wednesday statement, Wilson, a Republican, said: "Misuse of Flock is rare and breaches should result in serious consequences. To that end, the Ohio General Assembly should criminalize the misuse of Flock just as it currently criminalizes the misuse of other law enforcement technology."
Wilson said: "Unauthorized use of the Ohio Law Enforcement Gateway, for example, is a fifth-degree felony that requires law enforcement officers convicted of the charge to surrender their badge. This standard should serve as a baseline for state legislators. Ohio can -- and should -- leverage technology that assists law enforcement. We must do so carefully. And misuse must not be tolerated."
Wilson said when used properly, "Flock is one of the most valuable tools I have seen in my career. In Ohio alone, it has helped solve thousands of cases, often by helping law enforcement track down violent criminals and locate missing children."
Wilson, attorney general since his May 11 appointment, said: "By and large, Flock is used appropriately and effectively to accomplish a great deal of good. But, like any other high-tech tool that law enforcement depends on, it is only as effective as the person operating it and interpreting the data."
Flock cameras have come under increased scrutiny and concerns, specifically privacy issues, mass tracking of citizens, the misuses of data, and the lack of transparency and public accountability.
There's also been reports that police officers in Columbus improperly used the Flock data for personal reasons as well as the city's police department disclosing that more than 15,000 searches were made in the past three years of its database for possible immigration enforcement by federal agencies, including the Department of Homeland Security and the U.S. Border Patrol. Columbus recently paused the use of Flock cameras.
In Reynoldsburg, two police officers resigned amid accusations they misused Flock data.
The high-speed cameras take photos of every car that passes and are used to track vehicles -- even those without license plates -- with law enforcement saying they are valuable in solving crimes.
State Sen. Al Cutrona, R-Canfield, recently submitted legislation to restrict the use of Flock cameras by third parties and for personal use.
Under his proposal, Cutrona said anyone caught using Flock cameras or its collected data for personal use -- Rather than as part of an active law enforcement case -- could be charged with a fourth-degree felony, which is punishable by up to 18 months in prison and a $5,000 fine.
Cutrona's proposal wouldn't permit any government agency in the state that uses Flock cameras to share data with an outside party or for such an entity to solicit the data. Also, the data could only be saved in the system for up to 10 days before being automatically deleted.
Facing intense backlash, Flock announced in August that it would shorten the recommended default retention time from 30 days to seven days, but its customers can still set their own periods in coordination with state or local policies or laws. It is also requiring agencies that use the cameras to use an "audit assistance" feature to spot potential improper activity.
There are other legislators, both Democrats and Republicans, who plan to introduce bills restricting the use of Flock cameras.
Flock doesn't just sell the cameras to law enforcement. It also sells them to school districts, universities, homeowner associations, parking lot/deck operators, apartment complexes, companies and stores.
There are about 400 entities in Ohio that use the cameras, including several in the Mahoning Valley. Austintown is the latest community to sign on to use Flock, despite the growing controversy. They will join other local communities, including Youngstown, Warren, Boardman, Canfield Township, Cortland, Girard, Liberty, Niles, North Jackson, Poland Township and Struthers.
Nationwide, there are more than 120,000 Flock Safety cameras in about 7,000 communities taking photos of about 20 billion vehicles every month.