California ALPR Lawsuit Dismissed Over Lack of Standing

• A California appeals court dismissed a lawsuit against the collection and storage of license plate data, ruling that the driver lacked standing under the Automated License Plate Recognition statute.
• The decision highlights the challenges drivers face in bringing lawsuits under this statute and underscores the need for clearer regulations to protect their privacy rights.
• Lawyers should take note that while some rulings limit standing in such lawsuits to only those who can demonstrate actual direct harm from alleged violations of the law, other recent appellate decisions have established that the failure to implement and publicly post a required ALPR usage and privacy policy, in itself, constitutes sufficient harm to confer standing.

The appeals court's decision highlights the challenges that drivers face in bringing lawsuits under this statute and underscores the need for clearer regulations to protect their privacy.

A California driver's lawsuit against the collection and storage of his license plate data has been dismissed by an appeals court. The court ruled that the driver lacked standing to sue under the Automated License Plate Recognition statute, as he failed to establish actual direct harm from alleged violations of the law. While this court held that mere subjective belief or speculation about being harmed is not sufficient to confer standing, other recent California appellate court decisions, notably *Bartholomew v. Parking Concepts, Inc.*, have established that the failure to implement and publicly post a required Automated License Plate Recognition usage and privacy policy, in itself, constitutes sufficient harm to confer standing.

The Automated License Plate Recognition statute in California allows for the collection and storage of license plate data, but it also provides certain protections for drivers' privacy rights. However, the statute does not explicitly define what constitutes a violation of those rights or provide clear guidelines for when a driver can sue for alleged breaches. The appeals court's decision highlights the challenges that drivers face in bringing lawsuits under this statute and underscores the need for clearer regulations to protect their privacy.

The dismissal of this lawsuit sets an important precedent for future privacy cases in California, particularly those involving the Automated License Plate Recognition statute. Lawyers should take note that while some rulings limit standing to only those who can demonstrate actual direct harm, the definition of "actual direct harm" has been broadened by other appellate decisions to include the failure to implement and publicly post a required ALPR usage and privacy policy. This decision may have far-reaching implications for drivers' ability to protect their privacy rights and holds significant practical importance for lawyers navigating these complex issues.

Lawyers should watch for this precedent, which limits standing in privacy lawsuits under the Automated License Plate Recognition statute in California.

Source: Original reporting via License plate data lawsuit fails in California