Proposed revisions to the draft Surveillance Ordinance. QUESTION COMES ON PASSAGE

“Annual Surveillance Report” means a written report submitted by the City Manager on an annual basis concerning specific Surveillance Technology used by any City department during the previous year and containing the information set forth in Section 2.128.060(B) of this Chapter.

“Exigent Circumstances” means the Police Commissioner’s or the Police Commissioner’s designee’s 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 Surveillance Data it provides. The use of Surveillance Technology in Exigent Circumstances shall not infringe upon an individual’s right to peacefully protest.

“Identifiable Individuals” means an individual whose identity can be revealed by data, including Surveillance Data, or revealed by data when it is analyzed and/or combined with any record.

“Surveillance” means the act of observing or analyzing the movements, behavior, or actions of Identifiable Individuals.

(E) “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.

(G) “Surveillance Technology” means any electronic surveillance device,

Page 2 of 13

hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information specifically associated with, or capable of being associated with, any Identifiable Individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software.

“Surveillance Technology” includes, but is not limited to:

(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;

(i) Video and audio monitoring and/or recording technology, such as surveillance cameras and wearable body cameras;

(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;

(o) Long-range Bluetooth and other wireless-scanning devices;

Page 3 of 13

(p) Radio-frequency identification (RFID) scanners; and

(q) Software designed to integrate or analyze data from Surveillance Technology, including surveillance target tracking and predictive policing software.

For the purposes of this Chapter, “Surveillance Technology” does not include the following devices or hardware, unless they have been equipped with, or are modified to become or include, a Surveillance Technology as defined above:

(a) Routine office hardware, such as televisions, computers, and printers, that are in widespread public use and will not be used for any surveillance or surveillance-related functions;

(b) Parking Ticket Devices (“PTDs”) and related databases;

(c) Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is used for manually capturing and manually downloading video and/or audio recordings;

(d) Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles;

(e) City databases that do not and will not contain any Surveillance Data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by Surveillance Technology;

(f) Manually-operated technological devices that are used primarily for internal City communications and are not designed to surreptitiously collect Surveillance Data, such as radios and email systems;

(g) Parking access and revenue control systems, including proximity card readers and transponder readers at City- owned or controlled parking garages; and

(h) Electronic card readers and key fobs used by City

Page 4 of 13

employees and other authorized persons for access to City- owned or controlled buildings and property.

(H) “Surveillance Technology Impact Report” means a written report submitted by the City Manager with a request for approval of acquisition or use of Surveillance Technology, and which includes, at a minimum, the requirements set forth in Section 2.128.030(C).

(I) “Surveillance Use Policy” means a policy for the City’s use of Surveillance Technology, approved by the City Solicitor and the City Manager, and submitted by the City Manager to and approved by the City Council. The Surveillance Use Policy shall at a minimum satisfy the requirements set forth in Subsection 2.128.050(B).

(J) “Technology-Specific Surveillance Use Policy” means a policy governing the City’s use of a specific Surveillance Technology not already covered under the City’s Surveillance Use Policy, approved by the City Solicitor and the City Manager, and submitted by the City Manager to the City Council with a Surveillance Technology Impact Report under Section 2.128.030(A), 2.128.030(B), or 2.128.040 of this Chapter.

Section 2.128.030

Submission to the City Council of Surveillance Technology Impact

Report and Technology-Specific Surveillance Use Policy

The City Manager must seek approval from the City Council as set forth in this Section prior to the City seeking funds for, acquiring, using or entering into an agreement to acquire, share or otherwise use, Surveillance Technology as defined in this Chapter.

Acquisition of Surveillance Technology by City Departments Other than the Police Department. For any department other than the Police Department, for which approval under Section 2.128.030 of this Chapter is sought, the City Manager must submit to the City Council a Surveillance Technology Impact Report, and, if necessary, a

Technology-Specific Surveillance Use Policy pertaining to the specific Surveillance

Technology for which approval is sought and obtain City Council approval before doing any of the following:

Seeking funds for Surveillance Technology, including but not limited to, applying for a grant, or accepting state or federal funds, or in-kind or other donations;

Acquiring new Surveillance Technology, including but not limited to procuring that Surveillance Technology without the exchange of monies or other consideration;

Page 5 of 13

Using Surveillance Technology for a purpose, in a manner, or in a location not previously approved; or