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It’s just a bill

Thursday, Sep 24, 2026 - Posted by Isabel Miller

* Naperville Sun

A Naperville police officer used Flock Safety license plate reader technology to track a girlfriend and her ex-fiance, according to documents obtained in a Freedom of Information Act request filed by the Naperville Sun.

Oscar Maldonado, who no longer works for the Naperville Police Department, tracked license plates for non-police-related matters hundreds of times between June 18, 2025, and Sept. 15, 2025, records show. When the department received a citizen complaint about the cameras’ misuse, an investigation was conducted. […]

But [Maldonado’s attorney, Patty Kalkanis,] disputes the claim that Maldonado’s actions rise to the level of official misconduct due to a lack of state legislative clarity regarding Flock misuse.

“This is Illinois case law and it is very clear that it is not breaking the law using Flock right now. … There is no law to have been broken. Maybe a violation of an employee manual but I think that’s about as far as it can go,” Kalkanis said.

* ABC Chicago

Automated license plate readers like Flock can create a detailed record of where you’ve been in an ever-expanding dragnet. But in Illinois, there may be a troubling gap. A police officer abusing that technology to track someone who hasn’t committed a crime could violate department policy without committing a crime themselves. […]

Some action is being taken on the state level. State Rep. Nicolle Grasse introduced legislation earlier this year to make sure municipalities in Illinois have safeguards around the technology.

“There is great benefit that can come from these. But with that benefit comes great responsibility and risk. That brings in the responsibility part, especially for those who are entrusted with public safety,” said Rep. Nicolle Grasse, (D) Arlington Heights.

That bill is now in the rules committee. It is unclear if or when it may be considered by the full Illinois legislature.

* From the bill

Notwithstanding any other provision of law, any person who violates the provisions of this Act is subject to legal action for damages, to be brought by any other person claiming that a violation of this Act has injured the person’s business, the person, or the person’s reputation. A person so injured is entitled to actual damages, including mental pain and suffering endured by the person on account of violation of the provisions of this Act, or liquidated damages, and reasonable attorney’s fees, and other costs of litigation.

Any person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. A prevailing party may recover for each violation:

    -against any offending party that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater;
    - against any offending party that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater;
    -reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses; and
    -other relief, including an injunction, as the State or federal court may deem appropriate.

Any law enforcement agency or government entity aggrieved by a vendor’s violation of this Act may file suit in any court of competent jurisdiction for injuries sustained as a result of the vendor’s violation. Each individual search or share of information constitutes a separate violation. If such violation is found to occur, the court may assess a civil penalty of $10,000 per violation, injunctive relief, and reasonable attorney’s fees and costs. This subsection shall not constitute a limitation on any other private right of action.

       

5 Comments »
  1. - localgovhero - Thursday, Sep 24, 26 @ 9:47 am:

    Lots of nuance with this issue. Do not see it being taken up during veto session.


  2. - Sam N. - Thursday, Sep 24, 26 @ 9:54 am:

    Why make it something you have to sue over instead of just making it a crime?


  3. - Irreverent - Thursday, Sep 24, 26 @ 9:58 am:

    @Sam

    Because even when their misdeeds are front-and-center, cops still aren’t held to the same standards as the rest of us. That said, stalking is already a crime. Oscar Maldonado should already be in jail for crimes that were already in ILCS at the time he did what he did. So it’s also largely a degree of lip service, pretending to address a problem with a mechanism that is, in actuality, clunky and largely useless to normal people trying to get by day-to-day.

    Lock him up. We don’t need a special new law for it.


  4. - Friendly Bob Adams - Thursday, Sep 24, 26 @ 10:00 am:

    Long ago science fiction stories would tell about a future hellscape where the government tracked your every movement.

    What they didn’t imagine was a for-profit business that would track your every movement and sell that information back to the government.

    The issue of cops tracking their exes with this technology is an important one that someone needs to address. But the real issue is that the the future is here and it’s scary.


  5. - Candy Dogood - Thursday, Sep 24, 26 @ 10:32 am:

    ===The issue of cops tracking their exes with this technology is an important one that someone needs to address. ===

    This kind of abuse of authority has been around for a very long time, the only thing that is different is that the Flock database keeps track of who is looking up what and some people are going back and checking it.

    The technology changed. Police officers using public resources to stalk and harass people has not.


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