Texas DPS sends cease and desist to Flock Safety for camera at private homes and businesses
HOUSTON - The Texas Department of Public Safety is ordering a surveillance company, Flock Safety, to stop operations in private homes and businesses after failing to obtain a private investigators' license. The Texas DPS sent Flock Safety a cease and desist order for their cameras that are used to track vehicles' license plates.
Flock cameras are automatic license plate readers that are used to capture vehicles on the street, in neighborhoods, and at businesses. While law enforcement agencies use the information to crack down on crime, some people don't like the use of the cameras by anyone.
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"They’ve implemented a massive program of spy cameras to track the movements of every law-abiding citizen that passes by a camera," said Bryon Schirmbeck, a resident in Baytown.
The company that runs the technology said they’re working with the Texas Department of Public Safety to determine which licenses are needed to operate legally for homeowners associations and businesses.
"How can you help enforce the law when you’re a lawbreaker yourself?" said Schirmbeck.
In May - Baytown resident Byron Schirmbeck filed a complaint with the DPS.
"My complaint was directed more about the question of them operating with the law enforcement agencies, but DPS already found they didn’t have the license for private entities," said Schirmbeck.
Private entities, like businesses such as Home Depot and homeowners’ associations, are among those implementing Flock technology.
In July, the Texas DPS sent Flock Safety a letter saying, "if they are exercising any function regulated under the private security act, they must immediately cease and desist this activity until they are properly licensed."
"Basically the letter says, we met with you, we told you that you cannot operate in the state without a license, and you’re continuing to do it. If you don’t stop, we are going to sue you, and we may charge you with a crime," said Chris Tritico, a legal analyst.
Although Flock Safety is catching some flack, some homeowners associations believe the cameras are a benefit to the community.
"The only person who would be opposed to that would be someone committing a crime. I don’t see why anyone else would be opposed to having those license plate reading cameras," said Marvin Kelly, a board member of a local homeowners' association.
In a statement, Flock Safety responded to FOX 26's request for comment:
Flock has been proactively working with the Texas Department of Public Safety to determine which licenses apply to Flock. When DPS informed us we need to complete a certification process for a private investigations license, we immediately initiated the process, and we anticipate we will obtain the official certification shortly. This will not change how we serve customers throughout the state.
None of this has any effect on Flock cameras owned by Texas law enforcement agencies. Flock technology currently assists 300+ law enforcement agencies across the state of Texas in solving hundreds of crimes, including homicides, assaults, kidnappings, and more, on a daily basis. Flock cameras throughout Texas remain in operation to help keep communities safe.