balance the public s right to privacy with the need to promote and ensure safety and security, to provide protocols for use of Surveillance Technology that include specific steps to mitigate potential impacts on the civil rights and liberties of any communities or groups including
good faith belief that an emergency involving danger of death, physical injury, or significant property damage or loss requires use of the Surveillance Technology or the information it provides. (C) Surveillance means to observe or analyze the movements, behavior, or actions of identifiable individuals in a manner that is reasonably likely to
(D) Surveillance Data means any electronic data collected, captured, recorded, retained, processed, intercepted, or analyzed by Surveillance Technology acquired by the City or operated at the direction of the City. (E) Surveillance Impact Report means a publicly-released written report including at a minimum the following: (1) Information describing the Surveillance Technology and how it works; (2) Information on the proposed purpose(s) for the Surveillance Technology;
(a) international mobile subscriber identity (IMSI) catchers and other cell site simulators; (b) automatic license plate readers; (c) electronic toll readers; (d) closed-circuit television cameras except as otherwise provided herein; (e) biometric Surveillance Technology, including facial, voice, iris, and gait-recognition software and databases; (f) mobile DNA capture technology; (g) gunshot detection and location hardware and services; (h) x-ray vans;
(j) surveillance enabled or capable lightbulbs or light fixtures; (k) tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network; (l) social media monitoring software; (m) through-the-wall radar or similar imaging technology; (n) passive scanners of radio networks; 1.a Packet Pg. 6 A tta ch m en t: Su rv al ia nc e O rd in an ce (6 S ur ve illa nc e O rd ina nc e) Draft 4/13/18 Page 4 of 11
(g) parking access and revenue control systems, including proximity card readers and transponder readers at City- owned or controlled parking garages; and 1.a Packet Pg. 7 A tta ch m en t: Su rv al ia nc e O rd in an ce (6 S ur ve illa nc e O rd ina nc e) Draft 4/13/18 Page 5 of 11
were used since the time of the upgrade. 1.a Packet Pg. 9 A tta ch m en t: Su rv al ia nc e O rd in an ce (6 S ur ve illa nc e O rd ina nc e) Draft 4/13/18 Page 7 of 11 (G) Surveillance Use Policy means a publicly-released policy for the City s use of the Surveillance Technology, approved by the City Solicitor and the City Manager, and
information. (5) Data Protection: The safeguards that protect information from unauthorized access, including, but not limited to, encryption, access-control, and access- oversight mechanisms. (6) Data Retention: The time period, if any, for which information collected by the Surveillance Technology will be routinely retained, the reason that retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the conditions that must be met to retain information beyond that period.
and legal standard necessary to do so, and any obligation(s) imposed on the recipient of the information. (9) Training: The training, if any, required for any individual authorized to use the Surveillance T echnology or to access information collected by the
consideration; 1.a Packet Pg. 11 A tta ch m en t: Su rv al ia nc e O rd in an ce (6 S ur ve illa nc e O rd ina nc e) Draft 4/13/18 Page 9 of 11 (3) Using Surveillance T echnology for a purpose, in a manner, or in a location not previously approved; or (4) Entering into an agreement with a non-City entity to acquire, share, or otherwise use Surveillance T echnology.
Section 12.22.040 Temporary Acquisition and Use of Surveillance Technology in Exigent Circumstances Notwithstanding the provisions of this Chapter, the Police Department may temporarily acquire or temporarily use Surveillance Technology in Exigent C ircumstances without following the provisions of this Chapter before that acquisition or use. However, if the Police Department acquires or uses Surveillance T echnology in Exigent Circumstances under this Section, the Police Commissioner must (1) report that acquisition or use to the City Council in writing within 90 days following the end of those Exigent Circumstances; (2) submit a Surveillance I m p a c t R e p o r t to the City Council regarding that Surveillance
effective date of this Chapter, f or review and approval by the City Council. If the City Manager is unable to meet this 180-day timeline, h e o r s he may notify the City Council in writing of his or her request to extend this period. The City Council may grant an extension to the City Manager to submit a proposed Surveillance Use Policy. 1.a Packet Pg. 12 A tta ch m en t: Su rv al ia nc e O rd in an ce (6 S ur ve illa nc e O rd ina nc e) Draft 4/13/18 Page 10 of 11
the Police Department, the City Council shall simply receive and discuss the applicable p o r t i o n s o f t h e S u rveillance Use Policy. Section 12.22.060 Oversight Following City Council Approval (A) A City department h e a d w h o h a s obtained approval for the use of Surveillance Technology or the information it provides under Section
an Annual Surveillance Use Report within twelve (12) months of the City Council's receipt of the Surveillance Impact Report, and annually thereafter on or before M a r c h 1 . (B) Based upon information provided in the Annual Surveillance Report, the
required modifications to the S u r v e i l l an ce Im p ac t R ep o r t . Section 12.22.070 Enforcement This Chapter shall be enforced by the City Manager or his/her designee. Section 12.22.080 Severability The provisions in this Chapter are severable. If any part or provision of this Chapter, or the
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