A Study on Legality of License Plate Recognition System

• Main Authors: Chen , Yi-Hung, 陳義宏
• Other Authors: 李相臣
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/15852270967409009794

碩士 === 東吳大學 === 法律學系 === 103 === The conception of the study is the “Police Monitoring Citizens, Official Document Exposed” and “Request FETC to Provide Driving Record on Highway, Human Rights Violated” reported by the media at the beginning of 2014. Driving information recorded in License Plate Recognition System（LPRS） has given rise to the disputes over personal information and privacy. In the new technological era, how to appropriately and legally collect, integrate, analyze, use, and archive information from every sources is a difficult problem. New technologies themselves do not directly determine the influence on the society. The key to the influence on the society is how users use this set of technologies. LPRS is unable to recognize legal or illegal users; instead, it faithfully and restlessly records recognized vehicle license plates. To prevent interested parties from illegal use and derivative negative effect, the legislation shall be set up to provide limitations. Such legislation shall be testified under the principle of the rule of law with thorough consideration to the purpose, components, procedures, legality, and legitimacy. There is only a fine line between “protection” and “control”. “The perpetrator is the enemy of all citizens”, so vehicles involved in the criminal cases are the target of arrest by the police. To understand the relationship between LPRS and Personal Information Protection Act and disputes over the collection of personal information applied to criminal investigation, the study first introduces the history of LPRS, including its architectures, technical use, main functions, collectable items of personal information, and derivative applications. Next, the study analyzes the pattern of personal interests that may be violated by LPRS and examine it based on the constitutionality and OECD principle. Further, the study introduces the application, specification, and example of LPRS in European countries, the U.S., and Japan and reviews the domestic regulations of establishment, processing, and use of LPRS. Last, the study proposes the conclusion and recommendations.