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Granted Appeal Summary

Case

FAIRFAX COUNTY POLICE DEPARTMENT, ET AL. v. HARRISON NEAL (Record Number 191129)

From

The Circuit Court of Fairfax County; R. Smith, Judge.

Counsel

Elizabeth D. Teare, Karen L. Gibbons, and Kimberly P. Baucom (Fairfax County Attorney\\u2019s Office); Stuart A. Raphael, Trevor S. Cox, and Matthew R. McGuire (Hunton Andrews Kurth LLP) for appellant. Edward S. Rosenthal, Lana M. Manitta, and David C. Rohrbach (Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, PLLC); Eden Heilman and Jennifer Safstrom (American Civil Liberties Union Foundation of Virginia, Inc.) for appellee.

Assignments of Error

1. The circuit court erred in concluding that the Department\\u2019s ALPR system is an \\u201cinformation system\\u201d under the Data Act because the ALPR system does not itself contain \\u201cthe name, personal number, or other identifying particulars of a data subject.\\u201d Va. Code Ann. \\xa7 2.2-3801. The ALPR system does not become \\u201ca record-keeping process\\u201d under the Data Act simply because police officers have the ability [to] take a license plate number stored in the ALPR system and manually enter it into other databases, not maintained by the Department, to discover the identity of the vehicle owner. If the ALPR system is construed to include information that the Department could potentially access through the NCIC, VCIN, and the DMV databases, which can only be accessed with a valid criminal justice purpose, then the Court should decide anew, based on the changed factual predicate, whether the ALPR system is exempt under Code \\xa7 2.2-3802(7) notwithstanding Neal I\\u2019s contrary conclusion.
2. The circuit court erred in ruling that the Department\\u2019s creation of an \\u201cinformation system\\u201d consisting of passively acquired ALPR data violates the Data Act.
3. The circuit court erred in enjoining the Department from creating and maintaining an information system that consists of information captured by ALPR cameras.

http://www.courts.state.va.us/courts/scv/appeals/191129.pdf

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Granted Appeal Summary

Case

HARRISON NEAL v. FAIRFAX COUNTY POLICE DEPARTMENT, ET AL. (Record Number 191127)

From

The Circuit Court of Fairfax County; R. Smith, Judge.

Counsel

Edward S. Rosenthal, Lana M. Manitta, and David C. Rohrbach (Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, PLLC); Eden Heilman and Jennifer Safstrom (American Civil Liberties Union Foundation of Virginia, Inc.) for appellant. Elizabeth D. Teare, Karen L. Gibbons, and Kimberly P. Baucom (Fairfax County Attorney\\u2019s Office) for appellee.

Assignments of Error

1. The trial court abused its discretion under Code Section

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