The Trump administration is using the High Intensity Drug Trafficking Area (HIDTA) program, established in the 1980s, to require cities across the United States to share their automated license plate reader (ALPR) data with federal surveillance centers, according to public records and court documents reviewed by 404 Media.
These records reveal a system where the federal government aggregates data from local law enforcement's ALPR systems, including those from companies like Flock and Axon, onto federal servers accessible to various law enforcement agencies. Some of this data is also shared with the National License Plate Reader Program (NLPRP) operated by the Drug Enforcement Agency (DEA).
The HIDTA program allows local license plate data to be accessed by federal agencies, even those without direct contracts with ALPR providers. This raises privacy and transparency concerns, especially as cities impose restrictions on the use of their data. Critics argue that this system circumvents local control and oversight, allowing federal law enforcement to access data without public scrutiny. The HIDTA program is overseen by the White House's Office of National Drug Control Policy (ONDCP), which has previously received recognition for its management of surveillance platforms.
Cris van Pelt, creator of HaveIBeenFlocked.com, stated, "When local police and private vendors promise community control over surveillance, they obscure a broader agenda. The DEA and ONDCP are already aggregating local data behind the scenes."
The ONDCP, often referred to as the “drug czar,” has funded various surveillance initiatives, including a call records database known as Hemisphere. HIDTA operates as a multi-jurisdictional public safety program, funding intelligence centers and drug enforcement efforts across all 50 states. These centers, while similar to government fusion centers, can create confusion regarding data management and oversight.
Jeramie Scott, director of the Electronic Privacy Information Center’s Surveillance Oversight Center, commented on the implications of HIDTA's data aggregation, emphasizing the lack of clarity regarding data usage and access.
Recent agreements, such as a memorandum of understanding (MOU) in Georgia, require local agencies to funnel ALPR data to HIDTA, which can then be accessed by various law enforcement entities. For instance, the city of Brunswick, Georgia, discovered it could not deploy Axon cameras without signing an MOU to share data with HIDTA.
A page on Flock’s website for Georgia law enforcement states that agencies must sign an MOU to comply with state police policy, ensuring that ALPR data from state rights of way is accessible through the HIDTA system. The extent of jurisdictions funneling data into HIDTA remains unclear, as multiple HIDTA programs operate nationwide.
The DEA's privacy impact assessment for the NLPRP indicated that it utilizes both its own and non-DEA ALPR data through HIDTA. The assessment raised concerns about potential over-collection of personally identifiable information from law-abiding citizens.
In Houston, HIDTA allocated funds to develop a centralized ALPR database, integrating data from various ALPR providers. The contract specified that the database would combine third-party data, allowing for comprehensive searches across multiple systems.
Flock and Axon did not respond to requests for comment, while the DEA and CBP declined to provide information regarding their interactions with HIDTA. The ONDCP also did not respond to inquiries.
This system raises critical questions about the destination and usage of local ALPR data, retention periods, and public auditing capabilities. Concerns regarding mass surveillance have been amplified by local activists and journalists uncovering data misuse through public records. Some jurisdictions have claimed that their data is stored on HIDTA databases, which are not subject to Freedom of Information Act (FOIA) requests.
The DEA has argued that HIDTA records are not public records due to their governance structure, asserting that it does not maintain control over these records. In July, the Trump administration allocated an additional $277 million to HIDTA.