Title
Introduction of Ordinance (Surveillance Technology) to Require City Departments to Obtain City Council Approval Before Acquiring Surveillance Technology and to Require an Annual Surveillance Report Concerning the City’s Use of Surveillance Technology.
The Ordinance is Exempt from Environmental Review under Section 15378(b)(2) of the California Environmental Quality Act Guidelines. (City Manager 10030100)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
At City Council’s request, staff prepared a Surveillance Technology Ordinance. The Ordinance would require that before any City of Alameda (City) department obtain surveillance technology (as broadly defined), it must (1) submit to the City Council a detailed Surveillance Impact Report, and (2) obtain City Council approval. In addition, annually each department that has used surveillance technology must submit to the City Council a Surveillance Report illustrating how the technology was used and that its use was consistent with the uses permitted under the Ordinance.
BACKGROUND
Surveillance technology is pervasive, whether in stores, outside of homes, or along public rights of way. Although the use of such technology may deter criminal activity or be useful in helping solve crimes, its use may also be invasive and tread on an individual’s right to privacy. Accordingly, the City’s acquisition and use of surveillance technology must be balanced with the need to investigate and prevent crimes as well as the need to protect the community’s right to privacy.
In December 2019, City Council adopted Resolution 15625 (Exhibit A) adopting three policies concerning how the City would safeguard privacy rights: A Privacy Policy, a Data Management Policy, and a Policy Prohibiting the Use of Facial Recognition Technology. At that same meeting, City Council, to further safeguard privacy rights, directed that staff prepare a Surveillance Technology Ordinance (a number of other cities had adopted such ordinances) and return the Ordinance to the Council for consideration. Recognizing that the City currently was using some surveillance technology, Council expressed concern that if the City were to continue to use and/or were to acquire surveillance technology, appropriate safeguards need to be in place to protect privacy rights. Moreover, the ordinance should have reasonable oversight as well as a timely evaluation process to ensure those safeguards are followed and that the technology’s benefits continue to outweigh its burdens.
With that direction from City Council, staff has drafted the attached Ordinance.
DISCUSSION
The Ordinance defines “surveillance technology” very broadly to include any software, electronic device, or any system designed to collect, retain, process or share audio, electronic, visual, location or other similar information. Examples include automatic license plate readers or facial recognition software.
The Ordinance also, however, specifically exempts certain devices: hardware or software such as office hardware used throughout City departments (computers, copy machines, cell phones, etc.); certain City databases kept in the ordinary course of business, such as permit and license records, payroll, program registration and rental records, and other fiscal databases; technology security systems, systems managing traffic lights and electricity, parking ticket devices, and certain police department systems, such as computer aided dispatch; California Law Enforcement Telecommunications Systems and 9-1-1 emergency services systems. The Ordinance further exempts systems, including cameras, used for facility access control purposes, such as the video camera systems used to control ingress/egress at the City Manager’s Office and the City Attorney’s Office. The Ordinance further exempts systems, including cameras used for facility access control purposes, such as the video camera systems used to control ingress/egress at the City Manager’s Office and the City Attorney’s Office.
The Ordinance requires that before any department seeks, acquires or uses surveillance technology, or enters into agreements with other non-city entities to acquire such technology, Department staff must first submit to the City Council a Surveillance Technology Impact Report. The Report must describe the technology, its physical mechanics, its purpose, its potential location, a thorough assessment of any potential community impacts and the plan to mitigate those impacts, all costs incurred by the City, where the information will be stored, as well as a summary of experiences from other relevant governmental entities who have used the technology. Based on the entirety of this comprehensive report, City Council would consider whether to approve its acquisition and use.
The Ordinance also requires each department that has used surveillance technology to submit to the City Council an Annual Surveillance Report that, among other matters, describes how the technology was used, indicates whether any of the information was shared with outside entities, summarizes any community complaints, and provides any other information to help the City Council assess whether the surveillance technology has been effective in achieving its purpose.
ALTERNATIVES
• Introduce the attached Ordinance.
• Do not introduce the Ordinance and provide direction to staff on whether to revise the Ordinance and return to Council.
FINANCIAL IMPACT
There is no direct financial impact from introducing and thereafter adopting the Ordinance. There will be indirect costs for the staff time to prepare the Reports required by the Ordinance.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This Ordinance will add a new section to the Alameda Municipal Code and, as a practical matter, adopt a Surveillance Technology Policy for the City.
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities with this Ordinance.
ENVIRONMENTAL REVIEW
Introduction (and adoption) of this Ordinance is exempt from the California Environmental Quality Act (CEQA) because it involves general policy and procedure making that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. CEQA Guidelines, section 15378 (b)(2).
RECOMMENDATION
Introduce an Ordinance (Surveillance Technology) to require City Departments to obtain City Council approval before acquiring surveillance technology and to require an Annual Surveillance Report concerning the City’s use of surveillance technology and finding that the Ordinance is exempt from environmental review under Section 15378 (b)(2) of the California Environmental Quality Act Guidelines.
Respectfully submitted,
Erin Smith, City Manager
By,
Michael Roush, Special Counsel
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Resolution 15625