The County of Santa Clara
California

Report
92956

Receive updated Surveillance Technology Use Policies for various departments' existing surveillance technologies and provide direction to Administration relating to submission of the updated policies to the Board of Supervisors for receipt and/or approval. (Office of the County Executive) (Held from June 14, 2018, Finance and Government Operations Committee meeting, Item No. 6)

Information

Department:Office of the County ExecutiveSponsors:
Category:ReportProjects:Surveillance Technology

Attachments

  1. Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines Surveillance Use Policy (June 2018)
  2. Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  3. Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities Surveillance Use Policy (June 2018)
  4. Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  5. Countywide - Facility Access Control Technology Surveillance Use Policy (August 2018)
  6. Countywide - Facility Access Control Technology Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  7. Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department Surveillance Use Policy (June 2018)
  8. Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  9. Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool Surveillance Use Policy (June 2018)
  10. Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  11. Clerk of the Board of Supervisors - Audiovisual Recording Devices Surveillance Use Policy (June 2018)
  12. Clerk of the Board of Supervisors - Audiovisual Recording Devices Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  13. Consumer and Environmental Protection Agency - Audio Recorders Surveillance Use Policy (August 2018)
  14. Consumer and Environmental Protection Agency - Audio Recorders Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  15. Consumer and Environmental Protection Agency - Digital CamerasSurveillance Use Policy (August 2018)
  16. Consumer and Environmental Protection Agency - Digital Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  17. Consumer and Environmental Protection Agency - Vector Control System Campus Security Cameras Surveillance Use Policy (August 2018)
  18. Consumer and Environmental Protection Agency - Vector Control System Campus Security Camera Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  19. County Communications - 9-1-1 Audio Recording System Surveillance Use Policy (August 2018)
  20. County Communications - 9-1-1 Audio Recording System Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  21. County Communications - Video Cameras Used for Facility Security Surveillance Use Policy (August 2018)
  22. County Communications - Video Cameras Used for Facility Security Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  23. Department of Child Support Services - ExacqVision Video Security System Surveillance Use Policy (June 2018)
  24. Department of Child Support Services - ExacqVision Video Security System Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  25. Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies Surveillance Use Policy (August 2018)
  26. Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  27. Department of Parks and Recreation - Closed-Circuit Cameras Surveillance Use Policy (August 2018)
  28. Department of Parks and Recreation - Closed-Circuit Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  29. Department of Planning and Development - Audio Recorders Surveillance Use Policy (August 2018)
  30. Department of Planning and Development - Audio Recorders Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  31. Department of Planning and Development - Digital Cameras Surveillance Use Policy (August 2018)
  32. Department of Planning and Development - Digital Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  33. Finance Agency - Security Cameras Surveillance Use Policy (August 2018)
  34. Finance Agency - Security Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  35. Technology Services and Solutions - Security Cameras Surveillance Use Policy (August 2018)
  36. Technology Services and Solutions - Security Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  37. Written Correspondence
  38. Public Comment

Multiple Recommendations

a. Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines
b. Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities
c. Countywide - Facility Access Control Technology
d. Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department
e. Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool
f. Clerk of the Board of Supervisors - Audiovisual Recording Devices
g. Consumer and Environmental Protection Agency - Audio Recorders
h. Consumer and Environmental Protection Agency - Digital Cameras
i. Consumer and Environmental Protection Agency - Vector Control System Campus Security Cameras
j. County Communications - 9-1-1 Audio Recording System
k. County Communications - Video Cameras Used for Facility Security
l. Department of Child Support Services - ExacqVision Video Security System
m. Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies
n. Department of Parks and Recreation - Closed-Circuit Cameras
o. Department of Planning and Development - Audio Recorders
p. Department of Planning and Development - Digital Cameras
q. Finance Agency - Security Cameras
r. Technology Services and Solutions - Security Cameras

Body

FISCAL IMPLICATIONS

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, 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 2017At 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 make revisions to the draft Policies.

Attached are the following 18 draft Policies.  The Chief Privacy Officer has reviewed the draft Policies and the Office of the County Counsel has approved them as to form and legality.  In addition, the proposed Policies have been posted for public access and consideration on https://www.sccgov.org/sites/ceo/srtup/Pages/home.aspx.

·        Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines

·        Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities

·        Countywide - Facility Access Control Technology

·        Facilities and Fleet - Security Cameras and Collected Data within the Facilities and Fleet Department

·        Facilities and Fleet - Telematics, a Vehicle Fleet Management Tool

·        Clerk of the Board – Audiovisual Recording Devices

·        Consumer & Environmental Protection Agency - Audio Recorders

·        Consumer & Environmental Protection Agency – Digital Cameras

·        Consumer & Environmental Protection AgencyVector Control System Campus Security Cameras

·        County Communications - 9-1-1 Audio Recording System

·        County Communications - Video Cameras Used for Facility Security

·        Department of Child Support Services - Exacq Video Security System

·        Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies

·        Department of Parks and Recreation - Closed-Circuit Cameras

·        Department of Planning and Development – Audio Recorders

·        Department of Planning and Development – Digital Cameras

·        Finance Agency – Security Cameras

·        Technology Services and Solutions – Security Cameras

 

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.

CHILD IMPACT

The recommended action will provide parents, caregivers, and youth with information about surveillance technologies that may be used by the County.

SENIOR IMPACT

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.

SUSTAINABILITY IMPLICATIONS

The recommended action will have no/neutral sustainability implications.

BACKGROUND

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 anticipate returning to each FGOC meeting through September 2018, and each Board meeting from August through December 2018, with additional updated Policies from other County departments. 

CONSEQUENCES OF NEGATIVE ACTION

The Committee would not receive the proposed Surveillance Technology Use Policies for discussion.

 

Meeting History

Aug 23, 2018 1:00 PM Video Finance and Government Operations Committee Regular Meeting

Two individuals addressed the Committee.

Chairperson Simitian requested clarification relating to several terms contained in the policies, primarily the terms "suspicious" and "reasonable expectation of privacy." He further requested clarification regarding various retention periods outlined in the policies, as well as the use of designees. Finally, Chairperson Simitian requested that Administration provide Board Policy 3.57, Santa Clara County Record Detention and Destruction Policy, to the Committee with the updated policies for consideration at the September 13, 2018 FGOC meeting.

The Committee requested that Administration analyze the recommended retention period for public and aggregate data; include references to surveillance activities through public signage; and, to clarify the extent of data that is shared with other agencies.

Chairperson Simitian requested additional information relating to data collected through copying, printing, and scanning activities, and requested that closed circuit camera and audio recording policies include the word "only" to clarify use, and include the phrase, "shall not be used for personal, non-County purposes."

RESULT:HELD [UNANIMOUS]Next: 9/13/2018 2:00 PM
MOVER:Cindy Chavez, Vice Chairperson
SECONDER:S. Joseph Simitian, Chairperson
AYES:S. Joseph Simitian, Cindy Chavez

Transcript

Aug 23, 2018 1:00 PMFinance and Government Operations CommitteeRegular Meeting

 

2:19 PMWhat your level of interest or engagement is on this, but I think I have a way to move us through this relatively expeditiously, but there are issues I want to surface and come back on. Just a couple of preliminary remarks and I see Mr. Shapiro if you're in the room, anyone else part of this presentation. Flux. If you hang out we'll let you be resource people in a minute. Before I make opening comments I do have a card from susan bassy we'll ask you to come on down. We have two minutes set aside for comments on this item.
2:20 PMThank you. as you know, part of the public and the press for open government one of the most critical aspects of that is our public records. You heard our general counsel speak about that a minute ago. I briefly looked over the repo and frankly, i'm a little bit appalled. You're walking into a giant trap here that is incredibly concerning a as a member of the media and the public. There was language changed under what shall not be provided under public record. We are part of silicon valley and clearly we understand the migration from traditional paper records and data and date aexists in all different kinds of mannerism. Right now, the press, we hire data researchers and data minors. We need to be able to access that data. We cannot humanly do it, and on a national level this is something done in our trade. These are public record. To have one person decide what is a public record and what is not in this mount of volume of information is highly problematic. The county receives state and federal funding, and if you are not complaint with california public records act you are en jeopardy of losing some of that funding. The other thing that is highly concerns is the issue of how recorders will be used. I noticed that there are recorders being used in the county counsel's office. These would be records that would be subject to production under is subpoena. And these records are going to have a monumental impact on the county. Financially, and have the potential danger to move us to a more secret government in this county. And we're silicon valley and e shouldn't be doing that migration. I think you need to include members of the public and the media on it before it u - - because it affects all of us. Supv simitian: no other speakers on this item. There are not. Supervisor chavez, - - the good news is that we got a lot of people who bring a lot of expertise to these efforts as we're doing that. Various departments and agencies have had to come forward with proposed policies and many of them have not really had an opportunity previously to give much thought to the privacy and due process considerations associated with the tools that they use. That's not a criticism. It's just sort of the nature of mission-driven organizations. I think it's understandable in any mission-driven organization. I don't think there's been a lot of conversation about many of these issues in many of the departments. The good news is that this exercise is fostering those kinds of conversations and I think that's a healthy thing. Where are we today? Mr. Marquez, looking to you, I think we've fallen a little bit behind schedule again. I also think we're struggling to post this information for our fgoc meetings on a timely enough basis that public opportunity for review is real. Going forward, let's try and make sure that the information is up and posted before the meeting. I suggest I March through and offer some questions and comments on the 18 points. See if supervisor chavez has any additional questions or comments. Then continue these to a subsequent meeting. As to the items under item number 8, which follows continue those as well so we get them on a new calendar and work withl counties to develop a new calendar. Anything you want to say before I start to just March quickly through with some comments and questions?
2:26 PMI'll just make one comment. the ordinance passed just before I came back to the county in august of 2016 - - . Supv simitian: welcome back.
And what I noticed is the initial task was to identify which policies we had, and th took a lot longer because it forced us to look at a that definition and say what are we doing. It was at that level, and I think we came up with somethi, 80 or so policies, but even that task in and of itself to have u give thought to the different technologies out there was very helpful. Supv simitian: good. All right.
2:27 PMNothing further to add.
Mike shaw peer o i'll just back up one of the points you paider - - made. It has been good. I look forward to continuing with that. Supv simitian: i'm going to go through and not ask you to - - i'll just March through them and tee them up for you. 7. 1, badge password access technology for multifunction printer and copying machines. Beginning packet page 78, a 2-page policy. Under item number 8, the fir bullet, it says the agency May provide the data capture of badge and password technology to law enforcement representatives shows suspicious or illegal opportunity. I want to spend a minute on the word suspicious. I know what illegal activity i, do we know what we mean when we say suspicious? S desuspicious have a - - does suspicious have a legal meaning?
2:30 PMLet me just ask as you take yet another look at these whh is what i'm going to be asking - - look at the word suspicious, and if the word suspicious is being used to say indicative of improper or unauthorized use, then maybe you want to say that. Because I bet if I went through the room and asked everybody what I thought was suspicious they'd have a different point of view. I think if you really mean it in that way, it provides a little more protection and clarity. I couldn't help but note under 3, data collection with respect to copying and scanning. So copying a document, i'm going to call that take one piece of paper, copy it. With respect to copying and scanning there is generally no stored record of what was copied or imaged. The word generally suggests that sometimes there is, so i'm curious, when are you keeping? When is the county keeping a copy or image of something that somebody has copied? And who has it? What do they do with it?
2:32 PMI can answer that. our new copiers have the ability for an individual to e-mail o copy to any copier so that on your computer you print to a secure ip address and then use your scanning badge to go to any printer you'd like and you n print it at that point. When you do that you have to make a choice of whether you want to save the digital copy or not. Most people erase them, but am keep it. When you keep it, it's kept in the service - - server. Supv simitian: I understand that as to something being printed. I'm trying to discern whether or not the system is copying that document and retaining it somewhere after i've walked away or my staff has walked away with their single sheet with the copy they thought they were making.
2:33 PMI know that the same functionality's available for scanning that the county executive described.
If you just put it in and say copy, no, it doesn't keep it. But you can, it's possible, to e-mail from the computer or from the copier to your computer. If you just say copy, it doesn't keep it. Supv simitian: okay. If you could get me a clearer answer on that specific issue, which is I wholly take thet from both county counsel and county executive that if you're scanning or printing from your computer that there is a potential to save the document i'm trying to figure out if somebody who walks over and makes a xerox copy of what they are thinking is confidential document needs to be concerned that image lives on somewhere else in the system. I'm hearing we don't have to worry about that but i'd like more clarity.
2:34 PMI'd look into the issue. I think there's a difference between what the badge scanner technology and what the printer itself May be able to do. I'll try to get you an answer to the question. It's quite clear to me on the information i've received that the badge scanner technology wouldn't track me putting one page on the copy machine, and what the content of that copy is. But it May be that the copy moorhens themselves in order to create the image are some how storing something. Supv simitian: okay. Thank you for that. Jumping ahead to the next one, which is 7. 3 packet page 83, computers and mobile phones with audiovisual recording capabilities. Here again we've got suspicious again as used as kind of a casual term. That is the only observation I would have there. No expectation of privacy. Then i'm going to jump ahead to 7. 5, the facility access control technology. Essentially this is my cardiac access, yes in. - - is this rfid technology we're talking about or is there a different technology used? Radio frequency identification?
2:36 PMI don't believe it's used for facility access control. It is used as rfid isn't the badges are basically used to provide access and then as well as sort of keep track of where people are not necessarily throughout the building. Like our i-d could actually be used it's just to identify where people enter or exit a facility an rfid technology that essentially had me waving the card because the little green and red lights that are there saying hi, who are you, and then my card is telling them who I am.
2:37 PMThe word suspicious under data retention appreciate you coming forward seriously.
No specific the data shalle destroyed no later than two wreak years after being collected by the badge access control technology. Is there a reason it has to be two years?
The only thing we thought is if there's any investigation that would follow there should be an allowance for some retention. Supv simitian: okay. I'm going to tee this question up to deliberately put all of us on the spot. If I understand it right, the only way to get in this building we don't have keys.
2:38 PMThere are keys.
In order to get in the building we need to use our key cards. If you keep the data for two years that means you have the lawful movements of folks who are not involved in an investigation, and who have not engaged in unlawful activity, document their comings and goings for two years.
You're right. supv simitian: for everybody who has a card who comes and goes.
Unfortunately all the good apples get caught - - .
I understand the desire to keep the information for what might be a subsequent investigation and of course there's always the debate abo as I say between six months infinity there surely must be a reasonable balance. Different people disagree. Let me just ask that you take a look at whether or not it really needs to be two years because one of the - - we want to make sure we don't abuse data.
2:39 PMWe saw six break-ins in the building, because we have this data, that would be at least intriguing to me. If somebody came back and said well, actually in the last ten years that hasn't happened once, that would be a different outcome. Think about that. Here as in other places, the data collected shall be stored for as long as required by law or county policy and then subject to county board policy 3. 57, and the two gentlemen who were down here were not privy to the conversation ahead with Mr. Marquez about the fact that we adopted this data retention policy and record retention policy some time in the last five years. It was focused on one side of the equation, which is hanging on to things that need to be held on to, so that pipal can go back and look. It frankly was not focused particularly on trying to maintain peoples privacy, and so when we have this conversation again, if we could bring a copy of board policy 3. 57 along, posted as part of the enclosure, but also take a look at it as did we balance the two? Because that's really the goal, and, um, you know, there's some competing tension there obviously in terms of needing to have the information in the future, but on the other hand not retaining data that could be subject to misuse. Thank you for your help on that. That takes us to 7. 7, which is security cameras and collected data within the facilities and fleet departments. This raises the question that also runs through a number of the policies i'm looking at item 2 authorize and prohibited uses. Video monitoring in public areas shall be limited to uses that do not violate a reasonable expectation of privacy. Where else is there a reasonable expectation of privacy? We don't really say that in any of the paul eses, we just say reasonable expectation of policy. Restrooms are called out because I think that's an obvious one to most people, but does that mean pretty much everywhere else there isn't a reasonable expectation of privacy.
2:42 PMFor example we is have lactation accommodation rooms. The d. A. 's office just recently added a facility that includes a gym and there's a place to shower. I don't know whether a shower is the same as a restroom or not, but certainly it's another place where there's a reasonable expect asian of privacy. - - . Expectation of privacy. Those are just two examples in county facilities where the issue has come up. Trying to cup with an exhaustive list of here's where we think you May have one and where yu May not, was not an exercise that I endeavor to try to complete in tracking the policy.
Let me ask the question this way, there were a number of places where there was reference to the fact that surveillance devices would be used in public areas. And that prompt to me then what about an employee's cubical in. How about in cubicals?
2:43 PMI don't think we address that specifically in this particular policy. Typically there is an expectation of privacy of personal belongings. When we log into our computers, there's a flash screen that says there's no expectation of privacy. We do realize with our activities online that can be monitored as well as anything to do with county property. We want to make sure there's that equitable treatment. Going forward we'll pay attention that if there are certain cases to where there's reasonable expectation of privacy if it doesn't meet some of those mentioned here that's something we can certainly consider. Supv simitian: let me ask you to think about that a little bit more. I'm going to come back to this issue in a couple of minutes we're going to talk about the devices that are on county cs that essentially monitor where the car has gone but how long stops, where it stops, so on and so forth. When employees are using county resource there's going to be a certain loss of privacy. There May be a two-year record of my comings and goings, plus there May be copies of documents that I can copy on a copying machine. Plus, there May be a video tape record of my comings and goings in public spaces. Plus, there May be a record of my movements while I go about m duties in a county car. That's a lot of data about individuals which is why as someone who's concerned about these issues I think it's help ph-l to have these larger conversations. Visor chavez. Supv chavez: I just want to make two points. At some level it's worth us thinking about having this conversation with our employees. I think a lot of private companies do have very rigoro conversations with their employees based on the type of work they do. Who can come into your work space, who can't, and the connection those computers is are to other computers. A group of employees today were talking about hipa and they said we know we need to protect that data. There's kind of a general cultural sense that people understand that we need to protect that data. I think the cultural norms around privacy are changing so dramatically that we are having a conversation about how we protect peoples information and people are using their phones to buy everything from what they read, to what they wear, to what they eat, to where we travel. The second point, to what end do we keep the data? How people use the automobile in aggregate is really important to other goals we have. At some point we need to have a conversation about when we determine we want to keep aggregate data for the purposes of being better employees, better citizens, and keep data in aggregate. We have a lot of data about a lot of people. In the aggregate there May be value to that that we do want to use for public good. About the person, not so much.
2:49 PMJust to clarify, roads and airports does erase that regularly so we don't save the traffic data. But there's an a-i component that uses the picture to measure the density of traffic so that the stoplights are changed in order to try to maximize the flow. I did ask them about that. Supv simitian: thank you. I think supervisor chavez is pot on about the aggregate data which has great utility and importance in terms of trends and directions for us. I think at this point I should acknowledge what I thought I could quickly, I can't. 7. 9 which is the telemattocks that I referenced a minute ago indicating the telematics will be used to determine locations, speed, idling frequency, are is that information being collected on all county car.
2:51 PMWe're currently still installing telematics on county fleet. Every fleet from last year should be carrying it. The message we try to tell all operators is yes. Supv simitian: just to supervisor chavez's point earlier making sure our employees understand the rules of the road that they should understand that their movements are being monitored and that information is kept for some period of time. To a very specific point, if paul is using a county car we can find out how long he was there, and what speed he went; yes?
2:52 PMYes. supv simitian: okay, just so he knows. Just so everybody else knows. And we're mindful of the fact that that raises privacy implications even as it provides us both with some data that we need, and also even as it provides us with some accountability we'd like to have for the appropriate use of the vehicles, which I get. Looking under data retention, i'll just ask for the answer the next time, item 6, packet page 106, page 2 of 3 on the policy, telematics data shall be retained for the duration of the county's contracts with the telematics vendor after which it shall be destroyed unless the county contracts to preserve that data. That gives me no assurance whatsoever that there's a reasonable retention period that I could identify. When you come back on that one, how long do we keep the data and i'm going to hope we get an answer that's clear. Because that one makes me nervous. And then once again we have the word suspicious which is suspicious to me. Then we're going to go on to 7. 11, which is the audio visual recording devices here again this issue of recording in locations such as restrooms where individuals have a reasonable expectation of privacy. Have that conversation. And that was all I had on that one. Rushing ahead to 7. 13 audio recorders, there's a bullet under authorized and prohibited uses we're talking specifically about written or verbal support of the interviewee. One of these policies it was referenced state law that prohibits the recording without knowledge and consent. Explicitly referencing that in some of these policies might be helpful. So instead if you can could think about that. Again, looking at the now at the top of page two of three where it says audio recorders shall not be used unique services areas where there's a reasonab expectation of privacy, I think that's a little different for an audio recorder than it is for a video camera, and so, you know, if there was a video camera right outside here in the lobby, that's one thing, and I don't think that would surprise people if there were audio recorders that were being used to listen in on people's conversations while they sat and waited. I'm sure we'd all think wait a minute I have a reasonable expectation of privacy in a conversation if i'm sitting in a chair next to supervisor chavez talking to her. So if I could ask you to thi about how that works again, the word suspicious being used consumer and environmental protection agency, digital cameras. The issue of places where there is a reasonable expectation of privacy. This is a somewhat different issue for this particular department or agency. Again under retention I think a little more clarity could be helpful. What does it means in terms of eliminating the data, not just retaining the data because that's really what it focuses on. A maximum retention period. The people know there's a default. It is seases the information won't be held for more than six months or a year in the absence of explicit direction. And again, suspicious. Then we get to item 7. 17, this is the vector control system campus security cameras again reasonable expectation of privacy. And here it talks a little bit about using the technology and security cameras in areas including but not limited to the lobby, the building entrances, and parking areas. So that leaves me to wonder on this issue of expectation of privacy. If there's a conference room, could there be a camera there. Is there a break room for workers? Expectation of privacy there? Under data access we start to get to the point where with designees i'm starting to worry there are an awful lot of people who suddenly have access. Page two of three, packet page 141, data shall be restricted to the director, information services manager, or their designees, which means pretty much anybody, for county business purposes. And then the staff at the site, with the county business needs access to data. Or county staff members designated by the information services manager, director, or their designees, and then other county personnel designated. If I could ask you to look at this designee stuff and see whether or not it's not a little too loose. The second question is what does it take to be a designee if somebody just says yeah, go ahead, bob, take a look at that. Does nat make them officially a designee, and how do we then know that somebody wasn't? Should such designations be in writing, even just an e-mail? Under data retention, this is an issue we've struggled with before and i'm going to ask you to be mindful of the drafting here. It says that the information shall be retained for no more than 30 days. So it took the no more than approach. But then in the second paragraph, it says reasonable effort shall be taken to insu the recordings are not destroyed or purged before the end of the 30 day period. One is don't do it before, and the other is don't do it later than. Then all records are stored as soon as reasonably possible upon the expiration. There was some place for example where it said keep it for at least a year but get rid of it by 18 months if you could be mindful of that, I would appreciate it and then under third party data sharing it sa it's going to be limited to so and so, and only with the consent of the director and the designees are almost limitless. 7. 19. Nothing to add. 7. 21. Public areas again. Suspicious activity. Reasonable expectation of privacy. Designation issues again. Like the fact it says written e-mail or letter should be sent to the communications director when law enforcement is making the request, just so we have a written record of it under data sharing item number 8. 7. 23. There's a specific reference to signage, and I think that's a helpful or important issue that is missing from many of the policies, which is questions about reasonable expectation of privacy obviously beg the question, did you tell people that they are under surveillance? I understand there are some isolated cases where you don't want people to know, but for the most part, if signage is something we would like to encourage, I think putting it in the policies and i'm a whole lt more comfortable with having the security camera in a common area where everybody knows by walking in. In this one, for example, on packet page 163 there's a line that says under four data access efforts shall be made to keep the total number of designees with access to the video security system as low as possible I appreciated that. That's a clear and thoughtful notion because we need to provide staff with flexibility so the person at the top of the organization is dealing with the need to access information on the other hand we're going to try and him limit that access. Again, the issue is suspicious, 7. 25. Drones. This is the parks and rec department. Is somebody here from parks and rec that has worked on this policy. Would you come forward, please. I'm going to ask you a question so you have a drone, it's flying around, doing what it's supposed to do lounging in a bathing suit, the drone captures video of the man or woman in their bathing suit in their backyard. What in the policy keeps folks in the organization from sharing that with other people in large numbers? Don't want the answer today, just want you to come back and give us a real-world example. Thanks. Because I think you have some real potential. Even though there's no ill intent. That takes us to 7. 27, closed circuit cameras. This is for parks and rec. I appreciate the use of the word only and i'm going to come back here on this one. The parks and rec one, item 2, law enforcement security related cameras and their recordings shall be used for only the county related purposes described in the section above. If we could see the word only a little more in some of these policies that would be helpful across the board. I want to under score that. There's sort of differential use from policy to policy and we'll get different departments working on this, this is one where if across the board we could be - - I understand some cases you May not want to lim it to things you haven't yet thought of, but where you can say only that's helpful. Where you can say no personr non-county use, I think that's helpful as well. And then again this issue of designees under data access parks department director deputy director or their designees for the because I did happen to read all these, I think there's a missing t-o at the end of the first sentence under item 4-point data access and I think you want it to read to the live video feed or the restored data shall be limited. The issue of suspicious. Audio recorders which is 7. 29 I noticed the phrase with consentible parties present. I thought that was a helpful phrase, very specific about saying okay we're not doing that unless we have the consent of all parties present. And then that would take me to 3-point - - 7. 31 planning and department development surveillance use policy digital cameras and again a clear sense, digital cameras shall be used for only departmental purposes as set forth. That only is a big help. That takes us to 7. 33. Finance agency security cameras again I see the word only I think that's helpful. I saw specific sentence here under two that says a shine shall be posted on site to indicate the presence of video monitoring. That's helpful to me. I would like to see more of that if we could. And I think that takes us to 7. 35, which is security cameras for technology services known the word only. I thought the structure was helpful under data retention item number six, tsa shall maintain the data - - for a minimum period of one year, but not longer than 18 months. I feel like I know what's happening here. I feel like, okay, month 11, they're still going to have the information. If it's month 19, should be gone, and they're getting flexibility saying if you can get to it, there. I'm not trying to second guess that as much as I want to point out the structure is a help helpful way to proceed, thank you for your patience supervisor chavez. Do you have anything you'd like to add? No. Okay. Any questions about any of that?
3:07 PMI'm from county counsel - - none from county council. Supv simitian: i'm going to look to my staff in the audience and ask that he can xerox my notes on these on the color copier and share my yellow highlights and my red lines with you in case you find that helpful and then hopefully by the time we bring these back at the next meeting we'll have all these issues worked out only a few questions and we'll be able to move them forward. I do have a card from Mr. Largent. would you like to speak on this item before we continue it to a subsequent meeting?
3:08 PMThank you, everybody. I just wanted to chime in real quick - - . Supv simitian: please.
On the - - probably about ten years ago in my electronics business I started updating a lot of the old printers and the carbon paper and just changing over to the actual slave printers that ran the big reames and everything. No matter what somebody did on our main printer I knew everything that they did. If you actually photo copied something, not only would you get a copy of it, I sure knew what was going on and that file was actually backed up on to my network. The capabilities are there. If it's not on a network you can also just change the settings in the printer. That stuff is very accessible, just letting you know it's not new technology. Thank you. Supv simitian: thank you very much. I believe that is the last card we have - - on thai this item. And looking around, supervisor chavez, would you like to move that these be continued and they come back at the next meeting? Motion. Second by simitian. Without objection. Thank you all for folks who have been working on this over a period of some time. That takes us to item 8, I cou have done this earlier.