Congestion pricing shouldn't cost New Yorkers their privacy

As the battle between the federal government and New York continues over the future of congestion pricing in New York City, the system continues to function. While good news in terms of reduced traffic and cleaner air, it’s worrisome news on another front.

New Yorkers might be safer on the roads now, but their personal data is not. Because the State Legislature and Metropolitan Transportation Authority did not implement recommendations by the Surveillance Technology Oversight Project and other privacy advocates, license plate data is collected and stored en masse with few regulations on what’s kept, how and for how long it is stored, and with whom it is shared.

The risks are manifold. The Chicago Reader newspaper recently reported that a lack of regulation over storage practices allowed data on Chicago drivers to be broadcast, in real time, over the internet, giving stalkers and other nefarious actors the ability to track Chicagoans as they moved across the city. Chicago’s license plate reader cameras are similar to those used by the MTA, and the data they collected was transmitted, stored, and streamed over an unprotected public network. Researchers were able to access live video and stored photos, license plate data, and car data from multiple cameras. You would think such a breach would be a one-time thing, but problems like this have been ongoing for almost a decade without notable changes, and now exponentially more of New Yorkers’ data could be accessed or hacked.

Worse, as federal authorities look to target immigrants, people seeking reproductive or gender-affirming health care, and other vulnerable Americans, New York City will be handing those officials all the tools needed to track anyone who drives in the city. As long as the MTA possesses records of where New Yorkers have been driving, there is no legal way to prevent the federal government from getting access to those records if it so chooses.

In 2013, the American Civil Liberties Union released a report about how frequently automated license plate readers are used by law enforcement to track Americans not suspected of wrongdoing. We have done nothing since then to mitigate these harms.

This privacy nightmare is not necessary to achieve reduced traffic and safer streets. Congestion pricing can be implemented with the same cameras in the same way while preserving the bulk of New Yorkers’ privacy. However, the MTA must get serious about protecting privacy.

First, data collection must be minimized. The system must not store, for example, photos or other data regarding the interior of cars, and should be limited exclusively to the license plate. Second, data must be stored securely, preventing access by the public and hackers. Third, data must be stored for as brief a period as necessary. Specifically, all license plate data must be deleted as quickly as possible while allowing the system to function. Fourth, there must be restrictions on who can access this data. Law enforcement should not have access without a warrant. Rules are needed to prevent data from being sold or transferred to any entity that does not need access in order to make the system work, especially data brokers.

With these changes, and potentially a few others, we can have the best of all worlds — thriving public transportation; less air pollution; safe, traffic-free streets that allow emergency vehicles and people with disabilities to move throughout the city; and privacy that allows New Yorkers to travel without being tracked.

THIS GUEST ESSAY reflects the views of David Siffert, the legal director at the Surveillance Technology Oversight Project.