SD looking to restrict usage of flock cameras

The South Dakota Legislature has expressed interest in discussing limiting data access and placing restrictions on license plate readers, including Flock Safety cameras, for the upcoming legislative session. 

     Government officials, including Attorney General Marty Jackley, have discussed adding laws restricting access to data collected by these cameras across the state.

     Traffic cameras are already limited around South Dakota. Red-light cameras, which are stationed near traffic lights and used to track vehicles that run red lights, have been banned in the state since 2014. 

     However, license plate readers detail and catalog not just a vehicle’s license plate but information about the vehicle itself, posing a privacy and safety risk for South Dakota residents.

     With privacy risks, come legal and moral risks against the general population. 

     “The way the Supreme Court has interpreted the Fourth Amendment, there can usually be no violation if the police are just collecting information that someone has already exposed to the public,” USD Law associate professor Gregory Brazeal said. “Digital technology like Flock cameras creates new threats to privacy, so it’s possible that courts will eventually respond by expanding Fourth Amendment protections.”

     Flock cameras have already faced controversy. Photos have shown Flock cameras positioned toward public pools, and reports have stated that police officers have used Flock cameras to track and monitor current or former romantic partners. 

     On the other hand, Flock cameras have also been instrumental in criminal investigations and provide a useful tool for police officers.

     “These systems can help locate vehicles associated with serious crimes, identify investigative leads, find missing or endangered persons, recover stolen vehicles and property, and improve the efficiency of criminal investigations and emergency response efforts,” Chief of UPD Bryant Jackson said.

     Jackley also commented on the cameras’ use when searching for an abducted child from Clark County in 2023.

     Students at USD, however, are still wary about the cameras being used around campus.

     “General surveillance is the overall goal and not citizen safety,” Andrew Hochstein, a vocal performance major, said. “I think they’re trying to watch us more than they’re trying to keep us safe.”

     The next legislative meeting for the South Dakota Legislature isn’t until Sept. 29. Although multiple counties across the state are restricting their use of the cameras, no official bills have been drafted yet for the Legislature to vote on.

There are no Flock cameras stationed in Vermillion itself, with only two cameras outside of U.S. Highway 50. However, with about 240 cameras in use across the state, future restrictions could decrease that number.

Flock Camera outside of the Coffee Cup off of Interstate-90.