There are no fiscal implications associated with the Committee’s receipt of Surveillance Technology Use Policies.
REASONS FOR RECOMMENDATION
On June 21, 2016 (Item No. 180), the Board of Supervisors (“Board”) unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance (“Ordinance”), which became effective July 21, 2016. County departments prepared draft Surveillance-Technology Use Policies for existing technology (“Policies”) and preliminarily submitted those draft Policies to the Board of Supervisors in 2017. At the request of the Finance and Government Operations Committee (“FGOC”), departments have worked with the Chief Privacy Officer and the Office of the County Counsel to revise and clarify the draft Policies.
The following 13 draft Policies were previously submitted to FGOC and have been updated for submission and FGOC consideration with this report.
· Office of Pretrial Services – Electronic Alcohol Monitoring Devices
· Office of Pretrial Services – Global Positioning System Electronic Monitoring Devices
· Office of the Assessor – Video Cameras in the Assessor's Office
· Office of the County Executive Office of Emergency Services – Situational Awareness Tools
· Office of the Sheriff - Court Security Video Cameras
· Office of the Sheriff - Facial Recognition Software
· Probation Department – Electronic Monitoring Program Devices
· Procurement Department – Audio Recorders
· Registrar of Voters – Security Cameras
· Roads and Airports Department – Airport Noise and Operations Monitoring System
· Roads and Airports Department – Facility Security Camera Systems
· Social Services Agency – Telephonic and Voice Recording Equipment
· Social Services Agency – Video Security Cameras
Eleven of those draft Policies were submitted to the October 11, 2018 (Item No. 5) FGOC meeting, at which time the Committee requested that Administration and County Counsel further clarify portions of the draft policies, and then submit updated draft policies to FGOC for further consideration. The two draft Policies from the Office of the Sheriff were previously submitted to the June 14, 2018 (Item No. 5) FGOC meeting, and the Committee held consideration of those draft Policies pending follow-up and clarifications by the Office of the Sheriff regarding signage at the courts (Court Security Video Cameras Policy) and follow-up discussions of facial recognition technology (Facial Recognition Software Policy) at an FGOC meeting (November 1, 2018 Special Meeting of FGOC, Item No. 6).
Prior to submission to FGOC, draft Policies are reviewed by the Chief Privacy Officer, and are approved by the Office of the County Counsel as to form and legality. Following approval by the Office of the County Counsel, proposed Policies are also posted for public access and consideration on https://www.sccgov.org/sites/ceo/srtup/Pages/home.aspx.
Since the impact of adopting these Policies may be subject to the meet and confer process with County labor organizations, following FGOC consideration and direction, the Labor Relations Department will provide notice of the updated draft Policies to the labor organizations, and, when requested, will meet with individual labor organizations over the potential impact of the Policies. Thereafter, Policies will be presented to the Board of Supervisors for consideration.
The recommended action will provide parents, caregivers, and youth with information about surveillance technologies that may be used by the County.
The recommended action will provide seniors and/or those who care for seniors with information about surveillance technologies that may be used by the County.
The recommended action will have no/neutral sustainability implications.
On June 21, 2016 (Item No. 180), the Board unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016. County departments with existing surveillance technology as of July 21, 2016, drafted a Policy for each technology. Consistent with the Ordinance, each draft Policy is required to specify the purpose, authorized and prohibited uses, information/data that can be collected, data access, data protection, data retention, public access, third-party data sharing, training, and oversight mechanisms.
The Board received the draft Policies at its January 10, 2017 (Item No. 21) and April 11, 2017 (Item No. 22) meetings. One additional draft Policy for existing technology was submitted to the Board on May 9, 2017 (Item No. 16). Following preliminary submission to the Board, the Labor Relations Department provided notice of the proposed departmental Policies to the labor organizations, and, when requested, conducted meet and confers with individual labor organizations over the potential impact of the Policies.
At the August 10, 2017 (Item No. 5) FGOC meeting, Administration submitted a status report on the Policies, including the status of meetings with labor organizations. FGOC requested that Administration submit the completed policies to FGOC in order to provide a forum for public and Committee discussion, prior to submittal to the Board of Supervisors.
Seventeen proposed Policies were submitted to the September 14, 2017 (Item No. 7) FGOC meeting. FGOC requested that Administration and County Counsel work with departments to clarify and revise the draft Policies prior to further FGOC discussion.
Administration and County Counsel did so, and divided all of the proposed Policies for existing technology into four groups for submission to FGOC. The 13 proposed Policies accompanying this legislative file are updated versions of two draft Policies from the Office of the Sheriff that were submitted to FGOC on June 14, 2018, and 11 proposed Policies from other County departments that were submitted to FGOC on October 11, 2018.
CONSEQUENCES OF NEGATIVE ACTION
The Committee would not receive the proposed Surveillance Technology Use Policies for discussion.