Disaster Recovery, International Affairs, and Planning Committee Meeting on License Plate Reader Data and Facial Recognition Technology - September 2, 2026

The Disaster Recovery, International Affairs, and Planning (DRIP) Committee of the Maui County Council met on September 2, 2026, to consider two bills: Bill 113 (2026), establishing Chapter 8.38 on the disclosure, sale, and commercial use of automated license plate reader (ALPR) data, and Bill 112 (2026), establishing Chapter 8.37 on facial recognition technology (FRT). The committee heard presentations from the Maui Police Department (MPD), the Prosecuting Attorney's Office, the Managing Director, and Corporation Counsel, followed by extensive public testimony. Due to time constraints, the meeting recessed at 4:15 p.m. to reconvene on September 3, 2026, at 9 a.m. No votes were taken.

Public Comments & Testimony

• Sheila Walker (South Maui resident) opposed the installation of surveillance cameras, questioning Fourth Amendment implications and urging the committee to ask whether cameras should be installed at all. She expressed concern about private companies (e.g., Flock) operating cameras and sharing data.
• Jake Carton (Maui Indivisible) argued the bills are insufficient and contain loopholes, requesting stronger safeguards, a moratorium on mass surveillance, and that the Government Relations, Ethics, and Transparency (GREAT) Committee also take up the matter. He cited examples of potential abuse and called for transparency on contracts and federal ties.
• Heather Hirshin called for a ban or strict pilot conditions, including annual council evaluation, sunset provisions, enforceable rights, public reporting, and independent audits. She stressed that regulating only two tools does not address the broader surveillance project.
• Abe Vance posed a series of questions about data access, accountability, mechanisms to prevent mission creep, and the need for automatic public logging of system access.
• Martin Hamilton supported the bills' intentions but requested amendments: a complete ban on FRT due to high error rates for people of color and the elderly, and for ALPR, mandatory public access logs and a requirement for a warrant or probable cause before queries. He asked for data on crime-solving effectiveness.
• Sharon Minifee opposed both bills, citing risks of hacking (e.g., by foreign entities) and insider abuse. She referenced Hawaiian constitutional privacy protections and state laws against mobile tracking devices.
• Robert Bence urged amendments to ban acquisition and use of both technologies, arguing that even with safeguards, systems are vulnerable to hacking and abuse. He called for decommissioning existing ALPRs.
• Stacy Alapai supported the bills' intent but expressed concern about contradictions between MPD's statement that the county has no Flock contracts and the presentation of ALPR photos. She requested a cost-benefit analysis, data retention limits, automatic audits, and stronger access controls.
• Kevin (in chamber) submitted written testimony proposing a full cancellation of contracts, public audit, deletion of databases, and a promise not to reinstate such technologies. He emphasized the need for proactive privacy protections.
• Greg Rilski acknowledged cameras helped in Lahaina recovery but raised concerns about how hot lists are generated, whether warrants are required, data encryption, and where data is processed. He supported sunsetting funding and requiring metrics on effectiveness.
• Other testifiers: Jesse Lobb (calling in) criticized government surveillance practices, and a caller (last four digits 4945) raised concerns about insider abuse and the need for strict legislative oversight.

Discussion Items

• Opening Remarks: Chair Tamara Paltin explained that the two bills were referred to the committee on August 25, 2026, and that a third related bill (on data retention) was not yet ready. She clarified that the county has no contracts with Flock, as confirmed by the Managing Director.
• MPD Presentation: Lieutenant Taylor Kamakawiwo'ole and Officer Aaron Mark described current ALPR use (fixed cameras at traffic gateways, hot list alerts via email, no facial recognition currently in use). They emphasized that FRT would only be used for documented criminal investigations, missing persons, and identifying deceased individuals, and that all queries would be logged and audited. They stated that ALPR does not identify drivers and that alerts require human verification before action.
• Prosecuting Attorney Andy Martin: Supported the bills' intent but cautioned that Section 8.37.030 of Bill 112 attempts to limit what constitutes probable cause and reasonable suspicion, which are constitutional matters for courts. He suggested replacing the “imminent threat of death or serious bodily injury” language with “exigent circumstances” to align with legal standards. He also raised concerns about prohibitions on using racial or other descriptions in investigations, noting such descriptions are often legitimate parts of a suspect's profile.
• Managing Director Sandy Nishita: Confirmed no county contracts with Flock or similar vendors. He noted that cameras at Wahikuli are operated by the Department of Law Enforcement, not the county. He offered to follow up with detailed information.
• Corporation Counsel Caleb Rowe: Identified two amendments: (1) In Bill 112, Section 8.38.060, a typo—