2 metro Atlanta agencies promise new Flock rules amid misuse findings

Two major metro Atlanta law enforcement agencies are pledging to tighten controls around license plate readers after uncovering more officer misuse of Flock Safety’s systems.

Gwinnett County police and the Hall County Sheriff’s Office announced Friday multiple arrests and a resignation tied to reviews of the technology. Dozens of Georgia officers have resigned, been terminated, placed on leave or criminally charged in recent months after allegedly accessing Flock’s sprawling network of tag readers for unauthorized purposes. Agencies mostly began discovering the misuse after Flock released an auditing tool to identify searches that seem suspicious.

In a statement, Hall Sheriff Gerald Couch, who is in the midst of his own legal battle over DUI charges, partially blamed the Atlanta-based technology company for the problems.

“As a profession, law enforcement failed, and as a company, Flock failed from the beginning,” he said. “If your company name has the word safety in it, your products should include safeguards. From the outset, Flock did not provide audit tools for agencies and only recently introduced them. Too many officers across the country and here at home used the time without oversight to misuse the system.”

Flock spokesperson Paris Lewbel told The Atlanta Journal-Constitution on Saturday that since “Day 1, Flock has had detailed audit logs” that show agencies what has been searched in the system and by whom. The company announced on its website in August it would be rolling out several updates, a move that follows the April launch of the more thorough auditing tool.

“Misuse of any law enforcement tool is unacceptable, and we will continue investing in safeguards that help agencies detect misuse and hold users accountable,” Lewbel wrote in an email.

Officials say the data collected by license plate readers help solve and deter crime by, for example, allowing law enforcement to track a criminal’s movements. But critics worry about data retention, mass surveillance and security.

Recent Flock reviews prompt policy changes

The Hall agency said it finished a review Friday of 758 Flock searches, of which the sheriff said 85, or about 11%, were “anomalous or suspicious in nature.”

Couch, in a written statement sent through an agency spokesperson, said the department has made changes in order to “correct the issue” of misuse. Those include restricting Flock access to 24 individuals who must receive special training, down from 124, and shortening data retention from 30 days to seven.

“When used correctly, lawfully and honestly, Flock is an investigative tool, not an invasion of privacy. Should there be policies outlining its proper use with accountability and consequences for violations? Absolutely,” Couch said in a written statement.

A sheriff’s office spokesperson did not respond to further questions or a request to speak to Couch.

The Gwinnett police department announced Friday that three of its officers have been charged and terminated because of alleged Flock misuse.

Police Chief J.D. McClure, in a written statement, acknowledged that citizens expect the department to monitor how the technology is utilized, but assured the agency “immediately acted” and made changes when problems were identified.

“Flock is an extremely important crime fighting tool and misuse of this technology will not be tolerated. We will continue to evaluate our safeguards while making sure our officers and detectives have access to technology that has helped us solve violent crimes and locate people in danger,” McClure said.

A department spokesperson did not respond to a request for an interview Saturday.

Gwinnett police also said they’ve made changes, such as requiring Flock searches to include a justification that supervisors must evaluate, mandating all officers to be retrained on Flock use and decreasing data retention to 15 days.

Investigations in Hall, Gwinnett find alleged misuse

Gwinnett officials said they are continuing to investigate the three former police officers and said additional charges may be filed. Renee Downer was charged in May with simple battery and stalking; Derric Holmes was charged Friday with six counts of misuse of license plate data; and Matthew Lau was charged Friday with one count of misuse of license plate data, records show.

Holmes and Lau were both released Friday from the Gwinnett jail on bond and could not be reached immediately for comment.

Downer’s attorney, Scott Drake, told the AJC his client is innocent until proven guilty and that “she looks forward to her day in court.”

“Any alleged misuse of the Flock system was done for a legitimate public safety issue related to a loved one. We believe that once all the facts are out my client will be exonerated and reinstated,” Drake said in an email.

At least seven Hall County deputies have resigned or been fired amid Flock misuse investigations that remain active.

On Friday, the seventh officer resigned after an investigation revealed he used Flock multiple times to search various license plates while he was off duty, officials said. The agency said the alleged violations for all seven would be referred to the Georgia Peace Officer Standards and Training Council for review, and criminal referrals were made to the GBI or Hall County Solicitor for review and possible charges.

The sheriff’s office previously said former investigator Justin Brown was fired Aug. 19 after an internal investigation found he searched at least two tag numbers “for personal intentions.” Brown’s case was referred to the GBI for investigation and remains open, the state agency confirmed Saturday.

Austin Flanagan, who the sheriff’s office said in late August had been arrested by Gainesville police on a misdemeanor charge of making harassing phone calls, was already on administrative leave for the criminal charge and resigned Aug. 27 amid that investigation and one into Flock misuse, the agency said.

Flanagan could not immediately be reached for comment, and the AJC’s attempts to reach Brown were unsuccessful.

Couch, who has served as the county’s elected sheriff for more than a decade, was arrested in February on charges of DUI, failure to maintain lane and open container. The governor temporarily suspended the sheriff, who has since resumed his duties as the case continues. According to online records, Couch is expected in court Sep. 21.

Flock’s response to concerns

In response to numerous misuse reports and criticism, Flock announced it would introduce several updates. Lewbel said Saturday that Flock will continue to invest in oversight measures.

And, in a recent memo posted on the company’s website, Flock said additional safeguards could be added as it grows.