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Home / New Zealand / Politics

Massive leap in police CCTV surveillance of number plates sparks privacy, civil liberty concerns

David Fisher
By David Fisher
Senior writer·NZ Herald·
9 Jan, 2023 04:00 PM5 mins to read

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Data shows police searches on vehicle number plates have gone from dozens in 2020 to thousands last September. Photo / Dean Purcell

Data shows police searches on vehicle number plates have gone from dozens in 2020 to thousands last September. Photo / Dean Purcell

Police searches of vehicle number plates captured by a privately-owned CCTV network have soared since access was first achieved less than two years ago, according to new data that’s been released.

The figures show police searches on one of the two systems to which it has access have gone from dozens of motorists checked in 2020 to thousands of number plates being searched for in September 2022.

The emerging picture of how police use the powerful surveillance technology - known as automatic number plate recognition, or ANPR - comes as police headquarters prepares to release its first-ever audit of how staff use databases owned by private companies Auror and SaferCities.

The sharp increase in vehicle searches has brought concern from experts in privacy and surveillance - as has police inability to provide any audits showing how its staff use the network of cameras.

The Herald sought data to show the frequency police used systems owned by the two companies. The information on police use of Auror - which has been in use since 2018 - was not released, with police saying it was “currently being discussed” with the company. Auror told the Herald: “We consider information on usage and operation of the platform to be commercially sensitive.”

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However, information showing usage of the SaferCities system was released. It showed police access started in November 2020 with 54 searches for vehicles, rising to 11,389 searches a month in September 2022, when the Herald sought the information.

The Herald sought copies of any audits carried out of police use of the system by headquarters, which it said could not be provided as “police has not previously conducted any audits of use of these platforms”.

It’s a claim in contrast with the official police guidelines for using the Auror system, also released through the Official Information Act (OIA), which told staff: “PNHQ [police national headquarters] regularly audits all searches to ensure adherence with the [ANPR] policy and other internal police policies”.

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Auror and SaferCities have networks of CCTV cameras at petrol stations, shopping malls, supermarkets and across high street shopping areas, which it pitches at the retail sector as crime-stoppers.

Along with other functions, the cameras capture number plates through thousands of cameras, and store the information and the footage for use by its clients - or for access by police.

The use by police emerged when the Herald revealed officers falsely recorded cars as stolen in order to create real-time alerts while searching for three women suspected of breaching the Northland Covid-19 border.

Police and military personnel operating the Northern Covid border between Auckland and Northland located on State Highway 1 north of Te Hana in 2021. Photo / Dean Purcell
Police and military personnel operating the Northern Covid border between Auckland and Northland located on State Highway 1 north of Te Hana in 2021. Photo / Dean Purcell

The revelation prompted a string of changes in how police manage their access to the surveillance system, including an audit of how and why police use it - a step police had not previously taken, despite use of the network growing to thousands of searches every month.

A spokeswoman for police headquarters said the audit was completed at the end of last year with a draft report on its findings being internally reviewed. Police Minister Chris Hipkins - who was to be updated in December - would be briefed when the report was finished.

The audit findings were also set to be “considered in detail” when senior police commanders meet next month, before being publicly released.

In the OIA response, police said a “rolling audit programme” of ANPR access was intended for the coming year, with the results published.

The guidelines for using Auror - updated after the Herald revealed the “stolen” exploit - specifically tell officers not to fake car theft to access the system.

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Rather, it spells out two ways police can access the CCTV network, depending on whether officers are seeking a “live” feed of a vehicle or reviewing “historical” footage.

For those seeking real-time alerts, the guidelines tell officers they need a surveillance warrant, a “forward-looking” production order or to exercise “emergency powers”. With the hunt for the women in Northland, police would have been justified under a health emergency to use the system, rather than faking stolen car alerts.

The guidelines say those seeking historical data “do not require a warrant for these searches” but need to cite a police file number and reason for searching. While the guidelines say the search will go back 60 days, there is no information on how quickly recorded footage becomes “historical”.

The data obtained through the Official Information Act showed the vast majority of checks by police across Auror and SaferCities was for “historical” data.

NZ Council For Civil Liberties chairman Thomas Beagle said it was critical police audit and report use of the technology.

NZ Council For Civil Liberties chairman Thomas Beagle. Photo / Mark Mitchell
NZ Council For Civil Liberties chairman Thomas Beagle. Photo / Mark Mitchell

He said ANPR access raised concerns expressed in the council’s submission for the review of the Search and Surveillance Act about the lack of oversight of police surveillance warrants. In contrast, warrants obtained by the intelligence agencies were subject to review by the Inspector-General of Intelligence and Security.

Beagle said he considered police searching of historical data to be “tracking” and it should also require a production order to access.

Privacy Foundation New Zealand working group surveillance convenor Gehan Gunasekara said the issue of ANPR would be a strong focus this year.

Gunasekara, an associate professor specialising in information privacy law at the University of Auckland, said the development of a retail security system being expanded to a surveillance system for police suggested “function creep” which was “always dangerous”.

An Auror spokeswoman said the company had carried out regular audits reviewing police access and use of its system since March 2018. She said the company had “robust safeguards” to ensure privacy and security.

Scott Bain of SaferCities was unavailable for comment.

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