{"data":{"id":"us-ky/krs-189.632","jurisdiction":"us-ky","citation":"KRS 189.632","heading":"Automated license plate reader -- Permitted uses -- Retention and sharing","body":"of data -- Written policy -- Procedure before performing traffic stop -- Permit\nprocess.\n(1)  As used in this section:\n(a) \"Alert\" means a notification generated by an ALPR indicating that a vehicle\npassed an ALPR with a license plate that matches data held by the National\nCrime Information Center or other comparable database;\n(b) \"Automated license plate reader\" or \"ALPR\" means a system of one (1) or\nmore automated high -speed cameras used in combination with data\nprocessing to convert images of vehicles and license plates into computer -\nreadable data;\n(c) \"Captured license plate data\" means the vehicle characteristics captured by an\nALPR, including the:\n1. Global positioning system device coordinates;\n2. Date and time;\n3. Photographs of the license plate and vehicle;\n4. License plate number; and\n5. Vehicle make, model, and color;\n(d) \"Law enforcement agency\" has the same meaning as in KRS 61.298;\n(e) \"Public agency\" has the same meaning as in KRS 61.870; and\n(f) \"Secured area\" means an area, enclosed by clear boundaries, where access is\nor may be limited.\n(2) It is unlawful for an individual, entity, partnership, cor poration, association, or this\nCommonwealth, its agencies, and political subdivisions to use an ALPR except as\nprovided in this section.\n(3) An ALPR may only be deployed or maintained:\n(a) For purposes of:\n1. Regulating parking;\n2. Controlling access to secured areas; or\n3. Promoting public safety, deterring crime, and addressing auto theft;\n(b) By a public agency or law enforcement agency or its agents solely for\npurposes of:\n1. Law enforcement, including but not limited to conducting criminal\ninvestigations or ensuring compliance with local, state, or federal law;\nand\n2. Commercial vehicle:\na. Permitting and credentialing enforcement;\nb. Safety enforcement and monitoring;\nc. Violation disputes;\nd. Compliance investigations;\ne. Audits; and\nf. Research for t he purpose of applying to commercial vehicle\nenforcement funding grants; and\n(c) By the Transportation Cabinet or its agents solely for purposes of:\n1. Toll collection;\n2. Road fund revenue collection; and\n3. Commercial vehicle:\na. Permitting and credentialing enforcement;\nb. Safety enforcement and monitoring;\nc. Violation disputes;\nd. Compliance investigations;\ne. Audits; and\nf. Research for the purpose of applying to commercial vehicle\nenforcement funding grants.\n(4) Captured license plate data obtained for a purpose described under this section:\n(a) Shall not be preserved for more than ninety (90) days unless it:\n1. Is retained for a lawful purpose described in subsection (3)(b) and (c) of\nthis section;\n2. Is retained by a law enforcement agency for:\na. Use as evidence in a criminal or insurance claim investigation;\nb. Training purposes, provided that dates, times, and license pl ate\nnumbers are redacted; or\nc. Auditing; or\n3. Has become subject to a subpoena duces tecum or preservation of\nevidence notification;\n(b) If the exemption described in paragraph (a)1. of this subsection applies, shall\nbe retained and destroyed in accordan ce with the applicable agency's record\nretention policy;\n(c) Shall only be used by the entity deploying the ALPR, directly for the lawful\npurposes described in subsection (3) of this section, except as described in\nparagraph (d) of this subsection; and\n(d) Shall not be sold, shared, accessed, or transferred for any other purpose,\nexcept:\n1. To a law enforcement officer or agency, or a third -party entity\ncontracted with a law enforcement officer or agency, solely for purposes\nof protecting public safety or conducting criminal investigations;\n2. In response to a subpoena duces tecum;\n3. To the National Insurance Crime Bureau or its successor organization\nsolely for purposes of investigating insurance fraud, assisting in vehicle\nrecovery, or adjudicating insurance claims;\n4. a. To an insurance carrier, its agents, or an insurance support\norganization solely for purposes of investigating insurance fraud,\nassisting in vehicle recovery, adjudicating insurance claims, and\npreventing insurance fraud.\nb. Notification of potential use of ALPR data shall not be required\nfor vehicle owners who have entered into an insurance contract or\nsubmitted an insurance application prior to January 1, 2027.\nIndividuals applying for insurance on or after January 1, 2027,\nshall be noti fied by the insurance carrier of the potential use of\nALPR data to enforce the contract by either:\ni. The privacy statement found on the insurance carrier's\nwebsite;\nii. The disclaimer section of the insurance application; or\niii. Both;\n5. a. To a financia l institution or its agents or successors solely for\npurposes of collateral recovery, enforcement of a lien, recovery of\ndefaulted funds, or verification of information provided within a\nloan application, provided that the vehicle owner has:\ni. Entered int o an agreement or submitted a loan application\nwith the financial institution; or\nii. Given written consent to use ALPR data in a binding\ninsurance or financial contract.\nb. Notification of potential use of ALPR data shall not be required\nfor individuals who have taken an action described in subdivision\na.i. or ii. of this subparagraph prior to January 1, 2027. Individuals\napplying for financing on or after January 1, 2027, sh all be\nnotified by the financial institution of the potential use of ALPR\ndata to enforce the contract by either:\ni. The privacy statement found on the financial institution's\nwebsite;\nii. The disclaimer section of the financing application; or\niii. Both; or\n6. Otherwise in furtherance of the lawful purposes described in subsection\n(3)(b) and (c) of this section.\n(5) Prior to the deployment of an ALPR, a law enforcement agency shall adopt and\nmake publicly available a written policy governing the use of the  ALPR that\nincludes:\n(a) A list of databases used to compare with captured license plate data;\n(b) Rules for retention and destruction of captured license plate data;\n(c) Training protocol for ALPR systems;\n(d) Supervisory oversight of the ALPR system;\n(e) Rules for access to and security of captured license plate data; and\n(f) An audit schedule and process to ensure that the system is used in accordance\nwith this section and agency policy to occur every ninety (90) days.\n(6) Upon receipt of an alert and pr ior to performing a traffic stop, a law enforcement\nofficer or dispatcher shall visually confirm that the:\n(a) Scanned plate provided in the captured license plate data matches the alert;\nand\n(b) Stop meets the criteria in the policies of the law enforcem ent agency and\napplicable law.\n(7) The Transportation Cabinet shall establish a permit process for the installation of\nALPR systems on highway rights -of-way and shall promulgate administrative\nregulations in accordance with KRS Chapter 13A to implement this section.","path":["KRS Chapter 189"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57500","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:43Z","sha256":"9632e44d1148ed51e4f435ec5cb83ac19225d1e4a3b3484dec55a03b91d5d6ae","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189.630","next":"us-ky/krs-189.635"},"notice":"GroundRules: Original legal text. Not legal advice."}