Why the Keep Washington Working Act Doesn’t Protect Us from Flock
Here’s why Washington’s immigration law may not protect us from how Flock uses our data—and what we can do about it.
Hi neighbors,
As I was tracking the protests over the federal government’s immigration enforcement actions yesterday evening, I noticed that the mayor of Spokane, in her late evening press conference about the city’s response to the protests, brought up the Keep Washington Working Act. This law is frequently cited in our state as a reason residents should have confidence that public law enforcement agencies are not and cannot participate with ICE or other federal agencies in immigration enforcement activities.
It got me thinking: while the KWW Act provides some level of assurance against direct cooperation between local law enforcement and federal immigration authorities, it may not fully address the concerns related to Flock Safety’s surveillance technology.
🛡️ Understanding the Keep Washington Working Act
Enacted in 2019, the KWW Act (RCW 10.93.160) restricts state and local law enforcement agencies from:
Inquiring into or collecting information about an individual’s immigration or citizenship status.
Providing nonpublic personal information to federal immigration authorities in noncriminal matters.
Detaining individuals solely for immigration enforcement purposes.
Entering into agreements that grant federal civil immigration enforcement authority to state and local officers.
These provisions aim to ensure that local resources aren’t used to enforce federal immigration laws, thereby protecting immigrant communities within Washington State.
📸 Where Flock Safety Comes In
Flock Safety is a private company that provides automated license plate reader (ALPR) technology to law enforcement agencies. Under Section 5.3 of the Flock draft contract with Mountlake Terrace, Flock may access, use, preserve, and/or disclose the footage to law enforcement authorities, government officials, and/or third parties if legally required or if it has a good faith belief that such actions are reasonably necessary.
This clause raises concerns because:
Broad Discretion: The “good faith belief” standard is subjective and could allow Flock to share data without stringent oversight.
Third-Party Sharing: Data could be shared with agencies outside Washington State, including those that collaborate with ICE.
Lack of Direct Applicability: The KWW Act applies to public agencies, not private companies like Flock.
Therefore, even if Mountlake Terrace Police Department complies with the KWW Act, once data is shared with Flock, the protections may not extend to subsequent uses or disclosures by Flock or other agencies.
🔄 The Risk of Indirect Access
Recent reports have highlighted instances where ICE accessed ALPR data indirectly through local law enforcement agencies in other states. For example, ICE agents have asked state and local law enforcement offices to search Flock cameras on their behalf, even without direct agreements with Flock. This practice effectively circumvents local restrictions and allows federal agencies to utilize surveillance data collected at the local level.
Given that Mountlake Terrace intends to share data with nearby jurisdictions, it’s crucial to consider how this data could be further disseminated. Without stringent Memorandums of Understanding (MOUs) and contractual safeguards, there’s a risk that our residents’ data could be accessed by out-of-state agencies, including those that collaborate with federal authorities—even if the stated purpose isn’t immigration-related, the consequences may be.
📝 What Can Be Done
To mitigate these risks, the City Council should:
Revise Section 5.3: Limit discretionary data sharing and require explicit legal mandates for any disclosure.
Establish Strong MOUs: Ensure that any data-sharing agreements with other jurisdictions explicitly prohibit further sharing with federal authorities, whether or not the stated intent is immigration enforcement. It is now clear that the Trump administration is willing to use any and all federal law enforcement agencies (ICE, DHS, FBI, ATF, DEA, etc.) in the illegal enforcement of immigration policies.
Increase Transparency: Make all agreements and data-sharing practices publicly accessible for community review.
📣 Take Action Before 4 PM Today
It’s especially important we speak up today because the next regular council meeting on June 19 has been cancelled, and the council won’t meet again until June 26. That’s nearly two weeks without another opportunity to comment publicly. Many of you have already sent in public comments for this evening’s City Council work session. If you haven’t, please read my previous newsletter for directions on how to do so before 4 PM today. Your voice matters in ensuring that our community’s privacy and rights are protected.
Thank you for staying engaged.
Until next time,
Dustin