HomeMy WebLinkAbout2018-10-01 Ordinance 5450DocuSign Envelope ID: 424B60F0-0833-4F27-9BFF-5CDC3FF741AE
Ordinance No. 5450
Ordinance of the Council of the City of Palo Alto Adding Sections
2.30.G20-2.30.G90 to Title 2 of the Palo Alto Municipal Code to
Establish Criteria and Procedures to Protect Personal Privacy in the
Acquisition and Use of Surveillance Technology and Provide for Ongoing
Monitoring and Reporting
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and declares as
follows:
To promote public trust and ensure protection of privacy, the Palo Alto City Council desires
to establish a general policy governing consideration, acquisition and use of technologies by the
City, including its contractors and partners, that gather information about specific individuals or
groups of individuals;
The City also recognizes the value of and wishes to foster Smart City initiatives that enhance
City programs and services to citizens and visitors through the use of technology;
Accordingly, the City adopts the following ordinance to increase transparency, oversight and
accountability in the acquisition and deployment of technologies that collect and retain
personally identifiable information of persons not accused of unlawful activity.
SECTION 2. PART GA-SURVEILLANCE AND PRIVACY PROTECTIONS, Sections 2.30.G20-
2.30.G90, is added to Chapter 2.30 [Contracts and Purchasing Procedures], of Title 2
[Administrative Code] of the Palo Alto Municipal Code to read as follows:
2.30.620 Title.
This Part GA shall be known as the Surveillance and Privacy Protection Ordinance.
2.30.630 Council Approval Required for Contracts, Agreements, Grant Applications and
Donations Involving Surveillance Technology.
The Council shall approve each of the following:
(a) Applications for grants, acceptance of state or federal funds, or acceptance of in-kind or
other donations of Surveillance Technology;
(b) Notwithstanding any delegation of authority to award contracts in this Chapter 2.30,
contracts of any type and any amount that include acquisition of new Surveillance Technology;
(c) Use of Council-approved Surveillance Technology for a purpose, in a manner, or in a
location outside the scope of prior Council approval; or
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DocuSign Envelope ID: 424B60FO-D833-4F27-9BFF-5CDC3FF741AE
(d) Agreements with a non-City entity to acquire, share, or otherwise use Surveillance
Technology or the information it provides.
2.30.640 Council Approval of Surveillance Use Policy.
The Council shall approve a Surveillance Use Policy addressing each activity that it approves
that is listed in Section 2.30.630. If no current Surveillance Use Policy covers an approved
activity, Council shall adopt a new policy or amend an existing policy to address the new
activity.
2.30.650 Information Required.
Unless it is not reasonably possible or feasible to do so, before Council approves a new
activity listed in Section 2.30.630, the City should make available to the public a Surveillance
Evaluation and a proposed Surveillance Use Policy for the proposed activity.
2.30.660 Determination by Council that Benefits Outweigh Costs and Concerns.
Before approving any new activity listed in Section 2.30.630, the Council shall assess
whether the benefits of the Surveillance Technology outweigh its costs. The Council should
consider all relevant factors, including financial and operational impacts, enhancements to
services and programs, and impacts on privacy, civil liberties, and civil rights.
2.30.670 Oversight Following Council Approval.
Beginning after the close of fiscal year 2019 and annually thereafter, the City shall produce
and make available to the public an Annual Surveillance Report. The Annual Surveillance Report
should be noticed as an informational report to the Council. The Council may calendar the
Annual Surveillance Report or any specific technology included in the report for further
discussion or action, and may direct that (a) use of the Surveillance Technology be modified or
ended; (b) the Surveillance Use Policy be modified; or (c) other steps be taken to address
Council and community concerns.
2.30.680 Definitions.
The following definitions apply to this Section:
(a) "Annual Surveillance Report" means a written report, submitted after the close of the
fiscal year and that includes the following information with respect to the prior fiscal year:
(1) A description of how each Council-approved Surveillance Technology was used,
including whether it captured images, sound, or information regarding members of
the public who are not suspected of engaging in unlawful conduct;
(2) Whether and how often data acquired through the use of the Surveillance
Technology was shared with outside entities, the name of any recipient entity, the
types of data disclosed, and the reason for the disclosure;
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(3) A summary of any community complaints or concerns about the surveillance
technology;
(4) Non-privileged and non-confidential information regarding the results of any
internal audits, information about violations of the Surveillance Use Policy, and any
actions taken in response;
(S) Whether the Surveillance Technology has been effective at achieving its identified
purpose;
(6) The number and nature of Public Records Act requests relating to the Surveillance
Technology;
(7) Annual costs for the Surveillance Technology and for compliance with this
Surveillance and Privacy Protection Ordinance, including personnel and other
ongoing costs, and sources of funding; and
(8) Other relevant information as determined by the City Manager.
The Annual Surveillance Report will not include information that may compromise the
integrity or limit the effectiveness of a law enforcement investigation.
(b) "Surveillance Evaluation" means written information, including as part of a staff report,
including:
(1) A description of the Surveillance Technology, including how it works and what
information it captures;
(2) Information on the proposed purpose, use and benefits of the Surveillance
Technology;
(3) The location or locations where the Surveillance Technology may be used;
(4) Existing federal, state and local laws and regulations applicable to the Surveillance
Technology and the information it captures; the potential impacts on civil liberties
and privacy; and proposals to mitigate and manage any impacts;
(5) The costs for the Surveillance Technology, including acquisition, maintenance,
personnel and other costs, and current or potential sources of funding.
(c) "Surveillance Technology" means any device or system primarily designed and actually
used or intended to be used to collect and retain audio, electronic, visual, location, or similar
information constituting personally identifiable information associated with any specific
individual or group of specific individuals, for the purpose of tracking, monitoring or analysis
associated with that individual or group of individuals. Examples of Surveillance Technology
include drones with cameras or monitoring capabilities, automated license plate readers,
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closed-circuit cameras/televisions, cell-site simulators, biometrics-identification technology and
facial-recognition technology. For the purposes of this Ordinance, "Surveillance Technology"
does not include:
(1) Any technology that collects information exclusively on or regarding City employees
or contractors;
(2) Standard word-processing software; publicly available databases; and standard
message tools and equipment, such as voicemail, email, and text message tools;
(3) Information security tools such as web-filtering, virus detection software;
(4) Audio and visual recording equipment used exclusively at open and public events,
or with the consent of members of the public;
(5) Medical devices and equipment used to diagnose, treat, or prevent disease or
injury.
(d) "Surveillance Use Policy" means a stand-alone policy or a section in a comprehensive
policy that is approved by Council and contains:
(1) The intended purpose of the Surveillance Technology.
(2) Uses that are authorized, any conditions on uses, and uses that are prohibited.
(3) The information that can be collected by the Surveillance Technology.
(4) The safeguards that protect information from unauthorized access, including, but
not limited to, encryption, access-control, and access-oversight mechanisms.
(5) The time period for which information collected by the Surveillance Technology will
be routinely retained; the process by which the information is regularly deleted
after that period lapses; and conditions and procedures for retaining information
beyond that period.
(6) If and how non-City entities can access or use the information, including conditions
and rationales for sharing information, and any obligations imposed on the
recipient of the information.
(7) A description of compliance procedures, including functions and roles of City
officials, internal recordkeeping, measures to monitor for errors or misuse, and
corrective procedures that may apply.
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Certificate Of Completion
Envelope Id: 424B60FOD8334F279BFF5CDC3FF741AE
Subject: Please DocuSign: ORD 5450 surveillance technology ordinance.docx
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10/17/2018 8:55:45 AM
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Molly Stump
molly.stump@cityofpaloalto.org
City Attorney
City of Palo Alto
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Ed Shlkada
ed.shikada@cityofpaloalto.org
Assistant City Manager
City of Palo Alto
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Holder: Beth Minor
Beth.Minor@CityofPaloAlto.org
Pool: City of Palo Alto
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Envelope Originator:
Beth Minor
250 Hamilton Ave
Palo Alto , CA 94301
Beth.Minor@CityofPaloAlto.org
IP Address: 12.220.157.20
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Timestamp
Sent: 10/17/2018 9:00:52 AM
Resent: 10/18/2018 9:10:32 AM
Viewed: 10/17/201811:44:50AM
Signed: 10/18/2018 1 :56:41 PM
Sent: 10/18/2018 1:56:42 PM
Viewed: 10/23/2018 10:12:59 AM
Signed: 10/23/2018 10:13:09 AM
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10/18/2018 1 :56:42 PM
10/23/2018 10:12:59 AM
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