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Title 18
Chapter 18.04
Section 18.04.010
 

Title 18 Human Rights

Chapter 18.04 Safeguards on the Use of Surveillance Equipment

Section 18.04.010 City Council Approval for Acquisition and Use of Surveillance Equipment; Operational and Data Management Protocols
  1. No City department or agency shall acquire surveillance equipment without the City Council first adopting a resolution approving the proposed acquisition.

  2. No surveillance equipment may be deployed or installed without the City Council first adopting a resolution approving the operational protocols for such surveillance equipment. The proposed operational protocols shall contain, at a minimum, the following information, as well as any other information specifically requested by the City Council:

    1. A clear statement of the purpose and use of the proposed surveillance equipment;

    2. A simple and non-technical description of the type of surveillance equipment proposed to be acquired and used;

    3. The intended specific location(s) of the proposed surveillance equipment if it is to be affixed to a building or other structure;

    4. A narrative description of how and when the proposing department would use the surveillance equipment, such as whether the surveillance equipment will be operated continuously or used only under specific circumstances, and whether the surveillance equipment will be installed permanently or temporarily;

    5. A clear description of the actual or potential privacy and anonymity rights affected (if any) and a plan to minimize and mitigate the risk that the use of the surveillance equipment will infringe on personal privacy and anonymity, and to limit the risk of potential abuse;

    6. A clear description of how and when data will be collected and retained and who will have access to any data captured by the surveillance equipment;

    7. A clear description of the extent to which activity will be monitored in real time as data is being captured and the extent to which monitoring of historically recorded information will occur;

    8. A public outreach plan for each community in which the department intends to use the surveillance equipment that includes opportunity for public meetings, a public comment period, and written agency response to these comments;

    9. If a department is requesting to acquire or use drones or other unmanned aircraft, a description of the specific circumstances under which they may be deployed, along with clearly articulated authorization protocols;

    10. If more than one department will have access to the surveillance equipment or the data captured by it, one department shall be named the lead department and shall have the responsibility for maintaining the equipment and ensuring compliance with all related protocols. If the lead department intends to delegate any related responsibilities to another department, these responsibilities and associated departments and personnel shall be clearly identified;

    11. A description of whether and how any City department intends to share access to the surveillance equipment or the collected data with any other government entity; and

    12. A description of the training to be provided to operators or users of the surveillance equipment.

  3. Upon review of the information required under this section, and any other information deemed relevant by the City Council, the City Council may, by resolution, (1) approve the acquisition and operation of surveillance equipment, (2) approve the acquisition of surveillance equipment and require future city council approval for operations, (3) deny the acquisition or use of surveillance equipment for the purpose(s) proposed, or (4) take any other actions it deems necessary or proper under the circumstances, including imposing additional restrictions or conditions on the acquisition or use of surveillance equipment.

Date Passed: Monday, March 27, 2017

Effective Date: Saturday, May 13, 2017

ORD C35485 Section 2