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File #: 2019-7533   
Type: Regular Agenda Item
Body: City Council
On agenda: 12/17/2019
Title: Adoption of Resolution Establishing a Privacy Policy, Data Management Policy, and Prohibiting the Use of Face Recognition Technology. (City Manager)
Attachments: 1. Exhibit 1 - San Francisco Privacy Ordinance, 2. Resolution, 3. Presentation

Title

 

Adoption of Resolution Establishing a Privacy Policy, Data Management Policy, and Prohibiting the Use of Face Recognition Technology. (City Manager)

 

Body

To: Honorable Mayor and Members of the City Council

 

EXECUTIVE SUMMARY

 

As privacy and data management become ever-more relevant in our day-to-day lives, staff recommends that the City Council consider adopting a Resolution stating the City of Alameda’s (City) commitment to maintaining the public’s trust by protecting the integrity of personal data and privacy, and ensuring transparency in how data is used. The Resolution attached to this report includes drafts of the City’s: Privacy Principles (Exhibit A); Data Management Policy (Exhibit B); and a Prohibition on the Use of Face Recognition Technology (Exhibit C).  This potential policy is being forwarded to address both a referral and request by City Council during an earlier City Council meeting discussion.

 

BACKGROUND

 

As the use of technology has continued to grow in society, local governments (including the City of Alameda) are having to adapt. The collection of data and information is important for efficient and effective operation of the organization, including many of the programs and projects that are delivered in the community. Data and information that is collected must be kept secure and managed appropriately. Also important is allowing the public to know and understand what data is being collected, how it is being used, and by whom.

 

DISCUSSION

 

The City is committed to maintaining public trust and ensuring transparency. To those ends, staff has drafted the attached Resolution as well as three exhibits: Privacy Principles (Exhibit A); a Data Management Policy (Exhibit B); and a Prohibition on the Use of Face Recognition Technology (Exhibit C). Each of these components is discussed below.

 

Privacy Principles

There is an emerging need to protect privacy as City services incorporate and rely upon emerging technologies which collect data and information as part of the services, programs and projects offered in the community. Because privacy is key to the health, safety, welfare, and security of those living, working and visiting Alameda, the principles included in Exhibit A of the Resolution are designed to clearly state that the City will handle all personal information in a manner that is transparent and preserves privacy.

 

The principles include:

                     Design and Use Equitable Privacy Practices

                     Limit Collection and Retention of Personal Information

                     Manage Personal Information with Diligence

                     Extend Privacy Protections to Our Relationships with Third Parties

                     Safeguard Individual Privacy in Public Records Disclosures

                     Be Transparent and Open

                     Be Accountable to Alameda Residents

 

Data Management Policy

The Data Management Policy included as Exhibit B in the attached Resolution is intended to create guidelines under which the City can more proactively store, manage, and use data. Data is a key asset in meeting the demands of the community, and ensures that services, programs and projects are delivered in an efficient and convenient manner. At the same time, the City is committed to protecting the privacy and integrity of public personal data and seeks to strike the right balance between gathering information to provide quality services, protecting privacy, and complying with the State’s Public Records Act and the City’s Sunshine Ordinance. The attached Data Management Policy explains how and why information is collected from the public and how that information is stored, managed and used by the City.

 

The policy includes several examples of the types of information the City collects and how it is collected, including: websites; paper forms and applications; telephone calls; and email. Also included in the policy is a section related to how data is used, with an emphasis on collecting only as much information is necessary to perform a particular function, not selling personal data, and making it clear that data will only be retained for as long as legally or operationally necessary.

 

The policy does not apply to data and information collected for public safety purposes. Due to the individualized and serious nature of emergency response efforts, a variety of personal information may be collected by first responders and other personnel as needed. Such data collection, use, and disclosure practices are subject to separate policies and fall outside the scope of this policy.

 

Use of Face Recognition Technology

As face recognition technology improves, there is growing concern regarding privacy and equity because individuals can be identified without consent or knowing that their face was scanned. The policy attached as Exhibit C makes clear how staff will use face recognition technology going forward.

 

ALTERNATIVES

 

The alternatives include:

 

1.                     Adopt a Resolution establishing a privacy policy, data management policy, and prohibiting the use of face recognition technology.

 

2.                     Alter the language in the Resolution, including the attached Exhibits.

 

3.                     Request staff to bring back certain additions or changes to be additionally considered.

 

4.                     Do not adopt a Resolution at this time.

 

FINANCIAL IMPACT

 

There is no short-term known financial impact associated with adopting this Resolution. Although there will be staff time impacts.  Adopting this Resolution will provide policy direction in that areas of privacy, data management, and face recognition technology.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

This Resolution will not alter or conflict with the Alameda Municipal Code or other policy document(s).

 

ENVIRONMENTAL REVIEW

 

Adoption of this Resolution is exempt from review under the California Environmental Quality Act as it is not a project pursuant to Section 15378 (b)(2) [continuing administrative activities such as general policy making procedures].  

 

CLIMATE IMPACTS

 

There are no climate impacts associated with adopting this Resolution.

 

RECOMMENDATION

 

Adopt a resolution establishing a privacy policy, data management policy, and prohibiting the use of face recognition technology.

 

CITY MANAGER RECOMMENDATION

 

This Resolution to establish policies regarding privacy, data management, and face recognition technology supports public trust and transparency.

 

Respectfully submitted,

Gerry Beaudin, Assistant City Manager

 

Exhibits:

1.                     San Francisco Privacy Ordinance

 

cc:                     Eric Levitt, City Manager