Biometric surveillance and predictive policing technologies have the potential to grant government entities the unprecedented power to secretly identify, monitor, and locate people simply going about their daily lives, threatening Californians’ privacy, liberty, safety and freedom as guaranteed by the California Constitution.

While surveillance technology may threaten the privacy of all of us, throughout history, surveillance efforts have been used to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective.

The use of biometric surveillance systems and predictive policing technology to watch, categorize, monitor and record the activities and movements of all Californians disproportionately impacts people of color, women, immigrants, LGBTQ people, and political activists of all backgrounds. Bias, accuracy issues, and stereotypes built into biometric surveillance systems and predictive policing technology have been shown to be flawed thus raising the potential for significant harm and injury to the groups previously mentioned.

No decisions relating to surveillance technology should occur without strong consideration being given to the impact such technologies may have on civil rights and civil liberties, including those rights guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution, as well as Sections 1, 2, and 13 of Article I of the California Constitution.

Due to the potential for abuse and misuse, it is imperative and as a matter of best practices that legally enforceable safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before any surveillance technology is deployed.

Whenever a surveillance technology is approved for use in the City of Sebastopol, data reporting measures must be adopted that empower the City Council and public to verify that mandated civil rights and civil liberties safeguards have been strictly adhered to.

The Sebastopol City Council finds that the public has a right to know about any funding, acquisition, or use of surveillance technologies within the City of Sebastopol. This chapter codifies and guarantees that the acquisition and use of these technologies are subject to rigorous review, public debate, oversight and annual reporting by any City department utilizing these technologies.

This chapter bans the use of certain technologies within the City of Sebastopol absent clearly defined exigent circumstances that would expose our citizens to a major risk to the public safety. Should the technologies be required to be implemented during a public safety emergency, the chapter provides for both limited use and duration with mandated public reporting requirements and significant levels of review regarding their use or any continued use. (Ord. 1145, 2022)