Lowe’s and Home Depot are ramping up surveillance in store parking lots in states including California, Texas and Connecticut AI-powered license plate readers to combat theft and keep customers safe — but privacy advocates warn the devices could track shoppers’ movements.
The systems can create searchable records showing where vehicles travel, when they arrive and how often they visit certain locations — prompting worries that the technology can amass data about consumer behavior that can be accessible to law enforcement, hackers, private investigators or even misused internally.
Home Depot was named in a class action lawsuit filed last week in California federal court alleging that the department chain was running a covert surveillance system using LPR technology and then feeding that information to a database accessed by law enforcement.
Both home-improvement chains have quietly rolled out the systems at some locations across the country, including stores in Connecticut, where NBC Connecticut recently spotted a camera mounted near the entrance to a Lowe’s in Newington, Conn.
Public records first reported by 404 Media showed that a Texas sheriff’s office had searchable access to data from hundreds of license plate reader cameras tied to Lowe’s and Home Depot stores through surveillance firm Flock Safety.
The systems use cameras to capture images of vehicles and license plates along with the time, date and location, according to the companies’ privacy policies.
Robert McWhirter, a constitutional historian and criminal defense lawyer, told The Post the use of surveillance cameras on private property is “probably legal” — though he said the constitutional issues become more complicated once companies share data with law enforcement.
“The key issue is the relationship with law enforcement and what these companies do with the data in their relationship with law enforcement,” McWhirter said.
McWhirter said major retailers already rely heavily on surveillance and artificial intelligence to track suspected shoplifters over time before involving police.
“If they have somebody on camera enough times, they will then call law enforcement and bring them in,” he said.
He added that companies “have the right to do whatever they want to do on their private property,” though he noted legal fights could emerge if the systems are used in discriminatory ways or evolve into broader forms of invasive surveillance.
The growing use of automated license plate reader systems — known as ALPRs — by private retailers comes as stores across the country grapple with organized retail theft rings and repeat shoplifting crews.
Police in Connecticut recently busted a Home Depot theft ring that allegedly operated across nine states, according to NBC Connecticut.
Retailers increasingly view license plate readers as a way to identify vehicles tied to repeat thefts, track suspects entering and leaving parking lots and assist police investigations after crimes occur.
But privacy experts warn that the technology can also create massive databases of innocent shoppers’ movements with fewer safeguards than systems operated by police.
Connecticut lawmakers recently approved legislation imposing new regulations on license plate reader systems, including limits on how long collected data can be stored.
Lowe’s says on its website that the technology is being used “to help ensure security, prevent theft and fraud, assist with parking enforcement, and to help maintain your safety and the safety of individuals and our properties.”
The company says access to the data is limited to trained asset protection employees, information security staff and select contractors who maintain the systems.
Lowe’s also says it can disclose the information to law enforcement when responding to “a request from state or local law enforcement,” legal process, crimes committed on store property or “potential criminal activity.”
The retailer says it retains the data for up to 90 days in most cases unless it is needed for an active investigation.
Home Depot confirmed to The Post that it also uses license plate reader technology in parking areas at some stores.
“We’ve had parking area security cameras in place at our stores for many years, as many retailers do,” a Home Depot spokesperson said in a statement.
“These cameras are used solely as a security measure to prevent theft and protect the safety of our customers and associates in our stores.”
The company added: “We do not grant access to our license plate readers to federal law enforcement.”
Home Depot’s online policy similarly states that the company does not sell or share collected license plate information with third parties.
