South Carolina's Attorney General asks Flock Safety about AI use, data access and data retention
South Carolina Attorney General Alan Wilson wrote to Flock Safety in a letter dated 2 October 2026 asking whether it uses AI to identify vehicles or people, who can access its data and how long it retains data. It is a non-binding information request, and the sources state no finding against Flock.
Bottom line: This is a non-binding inquiry letter, not a rule, order or enforcement finding. The Attorney General's release says the letter "requests answers to questions regarding Flock's use of artificial intelligence, restrictions on access to data, and policies regarding data retention."
Who this affects: Flock Safety directly. Public-safety AI and license plate reader vendors, municipal and agency procurement counsel, and privacy teams are the audiences that may want to compare their own answers.
Issue date: Letter dated 2 October 2026; press release dated 5 October 2026.
What changed: A state attorney general put three written questions to a surveillance-technology vendor and asked for answers within thirty days of receipt.
Analysis: In our reading, the letter creates no new duty. It signals that a state attorney general is reading vendors' public privacy and security statements against state consumer protection law, and a vendor or customer with similar statements would want to be able to support them.
Regulatory Briefing
- Bindingness
- Not applicable (non-binding inquiry). The letter requests information and states no penalty, finding or order
- Scope
- One letter from the South Carolina Attorney General to one company, Flock Safety, with three questions. It states no rule for anyone else
- Instrument (English)
- Letter to Flock Safety, "Re: Flock Safety Privacy and Security Policies", and press release "Attorney General Alan Wilson sends letter to Flock Safety regarding their privacy and security policies"
- Authority
- South Carolina Attorney General's Office (Attorney General Alan Wilson)
- Jurisdiction
- South Carolina, United States
- Status
- Letter dated 2 October 2026; the 5 October release says it was sent "Today". Response requested within thirty days of receipt. No response is published in the sources we opened
- Issue date
- Letter dated 2 October 2026; press release dated 5 October 2026
- Effective date
- Not applicable (non-binding letter). The response period runs from Flock's receipt, which the sources do not state
- What changed
- The Attorney General asked Flock three questions on its use of AI, access to its data and its data retention policies
- Who this affects
- Flock Safety (addressee). Other public-safety AI and license plate reader vendors, procurement counsel and privacy teams may treat it as a signal
- Primary source
- South Carolina Attorney General's Office, press release of 5 October 2026
- Workflow impact
- The letter requests answers from Flock and states no consequence for nonresponse; the sources state no requirement for anyone else
- Operational next step
- Check that your public privacy and security statements on AI, data access and retention match what your product does, and keep the evidence
- Last verified
- 2026-10-25
Primary source: South Carolina Attorney General's Office, press release of 5 October 2026
Key takeaways
- The letter is a request for information. Neither the release nor the letter states a penalty, finding or order.
- It asks three things: whether Flock uses AI to identify vehicles or people, what restrictions apply to data access, and whether it imposes mandatory retention policies.
- The letter says Flock represents that it "does not employ facial identification technology and has built-in restrictions on data access."
- It asks for answers within thirty days of receipt, and the sources do not give the receipt date.
What did the South Carolina Attorney General send to Flock Safety?
A letter dated 2 October 2026 to Garrett Langley, Flock's chief executive, under the subject line "Flock Safety Privacy and Security Policies". The Attorney General's office announced it in a release dated 5 October 2026, which opens "Today, South Carolina Attorney General Alan Wilson sent a letter to Flock Safety" (so dispatch is placed on the release date, while the letter itself is dated 2 October) and describes it as "regarding their privacy and safety policies, considering public representations made by the company." The release quotes him: "It is imperative that citizens' concerns are heard and that their privacy is protected."
The letter says Flock has made numerous public representations about its policies and that under South Carolina law it has an obligation to ensure they are truthful and not deceptive, citing S.C. Code Ann. 39-5-20. It also says many South Carolina law enforcement agencies have chosen to use Flock, and that Flock covers more than 120,000 cameras across 49 states. Those figures are the Attorney General's statements, which we did not check against Flock's own materials.
What does the letter ask?
Three questions, as the letter numbers them. First, whether Flock employs any form of artificial intelligence in identifying vehicles or people. Second, what restrictions Flock places on access to data, including whether it helps facilitate sharing data across multiple customers, including government agencies, to a "broader network", and who can access that network. Third, whether Flock imposes any mandatory data retention policies and, if so, what they are.
The letter frames the questions around a stated representation: that Flock does not employ facial identification technology and has built-in restrictions on data access. The Attorney General asks Flock to respond within thirty days of receipt and closes by saying "we must find the right balance between public safety and personal privacy." The letter does not say what the Attorney General will do after the response.
Is this an enforcement action, and does it bind anyone?
On the pages we read, no. Neither document states a violation, penalty or order. The letter requests a response within thirty days of receipt and does not state any consequence for not responding, and it is addressed to Flock alone. The statute it cites is the legal basis for the Attorney General's interest in the truthfulness of Flock's statements. The letter does not say Flock has breached it. Whether the inquiry leads anywhere is not stated, and we treat it as an inquiry.
What does it mean for public-safety AI vendors, procurement counsel and privacy teams?
For vendors, the three questions are a short list of what a state regulator may ask about a camera and analytics product: what AI runs on the data, who can see it, and how long it stays. For procurement counsel at agencies that buy such systems, the letter notes that customers across South Carolina use Flock, and the questions map onto contract terms on data sharing, access controls and retention. For privacy teams, the letter ties the inquiry to the vendor's own public statements, so a gap between a trust page and actual practice is the exposure the letter points at. In our reading, none of this is a new rule, and it applies by analogy only.
What should these teams do now?
- List every public statement your product or agency makes about AI use, facial identification, data access and retention, and note where each is supported.
- Write a plain answer to each of the letter's three questions as they would apply to you, and keep the evidence behind it.
- If you buy or operate ALPR or similar systems, check your contract for data-sharing across agencies, who holds access rights, and mandatory retention periods.
- Watch for any published response from Flock or follow-up from the Attorney General; none was in the sources we opened.
What are the key dates?
| Event | Date | Source |
|---|---|---|
| Letter to Flock Safety | 2 October 2026 | Letter, page 1 |
| Attorney General press release | 5 October 2026 | scag.gov release |
| Date Flock received the letter | Not stated in the sources we opened | Not available |
| Response period | Thirty days from receipt of the letter, so no end date can be computed | Letter, page 2 |
FAQ
Is the South Carolina Attorney General's letter to Flock Safety an enforcement action?
No finding or penalty is stated in the sources. It is a letter requesting information, and the Attorney General's release says it requests answers to questions on Flock's use of artificial intelligence, restrictions on access to data and data retention.
What does the letter ask Flock Safety?
It asks whether Flock uses any form of artificial intelligence in identifying vehicles or people, what restrictions it places on access to data (including sharing across customers to a broader network), and whether it imposes mandatory data retention policies.
By when is Flock asked to respond?
The letter asks for a response within thirty days of receipt. The sources do not state the date Flock received it, so we cannot give a calendar deadline.
Does the letter say Flock did anything wrong?
Not in the pages we read. The letter says Flock has made public representations and that South Carolina law obliges it to ensure they are truthful and not deceptive, then asks questions. It makes no finding of deception.
Does the letter bind police departments or other Flock customers?
It is addressed to Flock's chief executive and imposes no stated duty on customers. The letter notes that many South Carolina law enforcement agencies use Flock, and a customer agency may still want to ask Flock the same questions.
What we did not verify
What we opened: the Attorney General's press release of 5 October 2026 and the two-page letter dated 2 October 2026 that it links. The letter is an image-only scan, so we read it from the images.
What we did not open: Flock's trust page and blog post that the letter cites, any response from Flock, any other state's inquiry, and the text of S.C. Code Ann. 39-5-20. The date Flock received the letter is not stated, so the response period has no computed end date. The 120,000 cameras and 49 states figures are as stated in the letter.
What we refuse to claim: that Flock violated any law or misrepresented anything, that the inquiry is an investigation or enforcement action, what Flock's practices actually are, or what the Attorney General will do next.
The letter is a non-binding information request to one vendor. Its practical lesson is to make sure what you say publicly about AI use, data access and retention can be shown to be true, and to ask your own vendors the same three questions.
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Source File
Secondary: The letter to Flock Safety dated 2 October 2026, as linked from the release: https://www.scag.gov/media/pmhcoaqr/to-gerrett-langley-flock-letter-10-02-26.pdf
Last checked: 2026-10-25 (UTC)
Status: Inquiry letter, not binding.
Editorial note: Informational analysis for working professionals, not legal advice. Confirm how any rule applies to your situation with qualified counsel.
Informational analysis for working professionals, not legal advice. Confirm how any rule applies to your situation with qualified counsel.
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