Silverthorne officials asked the Silverthorne Police Department to clarify who can access the handful of Flock Safety cameras located in town at a recent meeting.

Interim Town Manager Mark Leidal explained at the Wednesday, Nov. 12, Silverthorne Town Council meeting that staff members wanted the opportunity to discuss Flock Cameras as the town considers leasing some. 

There are several Flock Safety Cameras already located in Silverthorne that are leased by the Summit County Sheriff’s Office including areas near Lowe’s, near Little Beaver Trail and near Silverthorne Elementary School.

Flock Safety cameras use automatic license plate recognition technology to send information into central databases. They aren’t available for purchase but are offered as a subscription-based lease program involving an annual fee, according to the Silverthorne Police Department. The Silverthorne Police Department is able to access data from the Summit County Sheriff’s Office lease to aid in criminal investigations.

A memo Silverthorne Police Chief Alice Cary prepared for the Nov. 12 meeting states that Flock cameras only capture vehicle-related information like license plates and the make, model and color of cars. The memo detailed that the data taken from them can assist in investigations involving situations like stolen vehicles, missing persons or hit-and-run crashes. It also said Flock Safety does not sell, share or monetize data, and that the company’s privacy policy complies with Colorado law. Data is encrypted during transmission and storage, and it is deleted automatically after 30 days unless tied to an ongoing investigation, the memo also stated. 

“Realistically, this is not surveillance. … They’re not capturing people’s faces,” Cary said. 

Council member Erin Young raised worries she heard from the community.

“I’ve heard from some people who were a little concerned that it’s not necessarily just law enforcement that has access (Flock cameras), but (homeowners associations) can buy into access, which then suggests (others) can buy into access,” Young said. 

Less scrolling. More knowing.

Sign up for daily or weekly newsletters at SummitDaily.com/newsletter

Flock Safety’s website states the subscription for license plate recognition cameras can be used by “law enforcement as well as private neighborhoods and businesses.” 

Young asked if the town could restrict access to appropriate persons. 

In an email to the Summit Daily, Cary wrote the agency that leases the cameras is the one that has access to the data. Only the leasing agency could provide footage, and it must be requested.

She said there can’t be situations where citizens can have access to the nationwide system of Flock Safety cameras at the Nov. 12 meeting.

Council member Bruce Butler wondered if each jurisdiction with Flock cameras had to adopt their own privacy policy, or if there was some sort of universal policy. 

Cary said there’s a state statute on the accessibility and the use of the camera that jurisdictions adopt policies based on. 

Young wondered in what ways the U.S. Immigration and Custom Enforcement could use the cameras. 

According to Cary, Colorado law restricts state and local law enforcement from sharing personal information with the U.S. Immigration and Customs Enforcement for immigration enforcement purposes without a judicial warrant. 

“The laws cover personal data and actions, including detaining individuals beyond their release date solely for ICE, providing release notifications, and renewing or creating agreements with ICE,” she wrote in an email to the Summit Daily. 

The American Civil Liberties Union of Colorado released a statement Aug. 11 raising concerns over the usage of Denver’s Flock data by U.S. Immigration and Custom Enforcement. The statement said information gained through Colorado Open Records Act request proved the Flock surveillance camera system in Denver was accessed by U.S. Immigration and Custom Enforcement many times over the course of a year. 

Butler asked if Flock camera data had the ability to be obtained by someone who makes a Colorado Open Records Act request. Young worries about it being used in situations like child custody disputes. 

Town attorney Karl Hanlon, who works for firm Karp Neu Hanlon, said his office is starting to see some of those requests. 

“We haven’t fully analyzed how best to respond to them,” he said. 

He said they just have to deal with those requests in the context in which they were made. 

Council member Jonnah Glassman asked where people could find more information on Flock Safety cameras. 

Cary said Flock’s website, which can be found through this link FlockSafety.com, is a solid source of information.