The County of Santa Clara
California

Report
94339

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)

Information

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

Attachments

  1. Printout
  2. Office of Pretrial Services - Electronic Alcohol Monitoring Devices Surveillance Use Policy
  3. Office of Pretrial Services - Electronic Alcohol Monitoring Devices Surveillance Use Policy (Redlined since October 2018 FGOC)
  4. Office of Pretrial Services - GPS Electronic Monitoring Devices Surveillance Use Policy
  5. Office of Pretrial Services - GPS Electronic Monitoring Devices Surveillance Use Policy (Redlined since October 2018 FGOC)
  6. Office of the Assessor - Video Cameras in the Assessor's Office Surveillance Use Policy
  7. Office of the Assessor - Video Cameras in the Assessor's Office Surveillance Use Policy (Redlined since October 2018 FGOC)
  8. Office of the County Executive Office of Emergency Services - Situational Awareness Tools Surveillance Use Policy
  9. Office of the County Executive Office of Emergency Services - Situational Awareness Tools Surveillance Use Policy (Redlined since October 2018 FGOC)
  10. Office of the Sheriff - Court Security Video Cameras Surveillance Use Policy
  11. Office of the Sheriff - Court Security Video Cameras Surveillance Use Policy (Redlined since June 2018 FGOC)
  12. Office of the Sheriff - Facial Recognition Software Surveillance Use Policy
  13. Office of the Sheriff - Facial Recognition Software Surveillance Use Policy (Redlined since June 2018 FGOC)
  14. Probation Department - Electronic Monitoring Program Devices Surveillance Use Policy
  15. Probation Department - Electronic Monitoring Program Devices Surveillance Use Policy (Redlined since October 2018 FGOC)
  16. Procurement Department - Audio Recorders Surveillance Use Policy
  17. Procurement Department - Audio Recorders Surveillance Use Policy (Redlined since October 2018 FGOC)
  18. Registrar of Voters - Security Cameras Surveillance Use Policy
  19. Registrar of Voters - Security Cameras Surveillance Use Policy (Redlined since October 2018 FGOC)
  20. Roads and Airports Department - Airport Noise and Operations Monitoring System Surveillance Use Policy
  21. Roads and Airports Department - Airport Noise and Operations Monitoring System Surveillance Use Policy (Redlined since October 2018 FGOC)
  22. Roads and Airports Department - Facility Security Camera Systems Surveillance Use Policy
  23. Roads and Airports Department - Facility Security Camera Systems Surveillance Use Policy (Redlined since October 2018 FGOC)
  24. Social Services Agency - Telephonic and Voice Recording Equipment Surveillance Use Policy
  25. Social Services Agency - Telephonic and Voice Recording Equipment Surveillance Use Policy (Redlined since October 2018 FGOC)
  26. Social Services Agency - Video Security Cameras Surveillance Use Policy
  27. Social Services Agency - Video Security Cameras Surveillance Use Policy (Redlined since October 2018 FGOC)

Multiple Recommendations

a. Office of Pretrial Services - Electronic Alcohol Monitoring Devices
b. Office of Pretrial Services - Global Positioning System Electronic Monitoring Devices
c. Office of the Assessor - Video Cameras in the Assessor's Office
d. Office of the County Executive Office of Emergency Services - Situational Awareness Tools
e. Office of the Sheriff - Court Security Video Cameras
f. Office of the Sheriff - Facial Recognition Software
g. Probation Department - Electronic Monitoring Program Devices
h. Procurement Department - Audio Recorders
i. Registrar of Voters - Security Cameras
j. Roads and Airports Department - Airport Noise and Operations Monitoring System
k. Roads and Airports Department - Facility Security Camera Systems
l. Social Services Agency - Telephonic and Voice Recording Equipment
m. Social Services Agency - Video 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 (“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 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.

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 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.

Meeting History

Nov 29, 2018 10:00 AM Video Finance and Government Operations Committee Regular Meeting
RESULT:HELD [UNANIMOUS]Next: 1/17/2019 2:00 PM
MOVER:Cindy Chavez, Vice Chairperson
SECONDER:S. Joseph Simitian, Chairperson
AYES:S. Joseph Simitian, Cindy Chavez
Jan 17, 2019 2:00 PM Video Finance and Government Operations Committee Regular Meeting

Added to the Consent Calendar at the request of Chairperson Cortese.

RESULT:RECEIVED

Transcript