Partner and Co-Chair of Foley Hoag’s Privacy and Data Security practice Chris Hart and Associate Ariel Chen authored an article in the Boston Bar Journal’s Winter 2026 issue titled “Eyes on the Road: AI, Privacy, and Automated License Plate Readers.” Their piece examines how the rapid integration of artificial intelligence into Automated License Plate Reader (ALPR) systems is reshaping long‑standing legal and constitutional questions around surveillance and privacy in the United States.

Hart and Chen examine the impact of AI‑enhanced ALPRs, technology now capable of capturing far more than license plate numbers, including vehicle characteristics, travel patterns, and associations. As civil rights and privacy advocates have raised concerns, the authors outline how these systems create powerful, networked tools for real‑time monitoring and historical tracking. They highlight risks of discriminatory enforcement and the potential for revealing sensitive behaviors, from visits to houses of worship to reproductive healthcare travel.

The article also provides a look at the evolving legal landscape. Using key precedent—including Katz, Carpenter, United States v. Jones, and the Massachusetts SJC’s Commonwealth v. McCarthy decision—the authors track how courts are increasingly scrutinizing surveillance that reveals the “whole of an individual’s movements.” Hart and Chen explain that while some courts have upheld limited ALPR use, others, such as the Fourth Circuit in Leaders of a Beautiful Struggle, have struck down programs that enable extensive retrospective tracking. Ongoing litigation across the country, they note, will play a critical role in defining the constitutional limits of AI‑powered ALPR technology as its capabilities continue to expand.

Read the full article.