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For purposes of this chapter, the following words, terms and phrases shall have these definitions:

“Annual surveillance report” means an annual written report concerning each of the specific surveillance technologies used by the City. The annual surveillance report will include all of the following:

1. A general description of how the surveillance technology was used;

2. A general description of whether and how often data acquired through the use of the surveillance technology item was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s);

3. A summary of community complaints or concerns about each surveillance technology item;

4. The results of any internal audits required by the surveillance use policy, any information about violations of the surveillance use policy, and a general description of any actions taken in response;

5. Information, including crime statistics, that helps the City Council assess whether the surveillance technologies used by the City have been effective at achieving their identified purposes;

6. Statistics and information about any related Public Records Act requests;

7. Total annual costs for the surveillance technologies, including personnel and other ongoing costs, and what source of funding will fund the technologies in the coming year;

8. Any requested modifications to the surveillance use policy and a detailed basis for the request;

9. Where applicable, a general breakdown of what physical objects each surveillance technology hardware was installed upon, using general descriptive terms; and for each surveillance technology software, a general breakdown of what data sources the surveillance technology was applied to;

10. The summary of all requests for City Council approval for the use of any surveillance technology item, including whether the City Council approved or rejected the proposal and/or required changes to a proposed surveillance use policy before approval;

11. The annual surveillance report will not contain the specific records that a surveillance technology item collects, stores, exchanges, or analyzes and/or information protected, restricted and/or sealed pursuant to State and/or Federal laws, including information not required to be released by the Public Records Act.

“Biometric surveillance technology” means any computer software that uses face recognition technology or other remote biometric recognition in real time or on a recording or photograph.

“City” means the City of Sebastopol, and “City Department” means any City department and its officers and employees.

“Face recognition technology” or “FRT” means an automated or semiautomated process that:

1. Assists in identifying or verifying an individual based on an individual’s face; or

2. Identifies or logs characteristics of an individual’s face, head, or body to infer emotion, associations, expressions, or the location of an individual.

“Other remote biometric recognition” means:

1. An automated or semiautomated process that assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating information about an individual based on physiological, biological, or behavioral characteristics ascertained from a distance;

2. Uses voice recognition technology; or

3. Identifies or logs such characteristics to infer emotion, associations, activities, or the location of an individual; and does not include identification based on fingerprints or palm prints that have been manually obtained during the course of a criminal investigation or detention.

“Personal communication device” means a cellular telephone that has not been modified beyond stock manufacturer capabilities, a personal digital assistant, a wireless-capable tablet or similar wireless two-way communications and/or portable internet-accessing devices, whether procured or subsidized by a City entity or personally owned, that is used in the regular course of conducting City business.

“Predictive policing technology” means computer algorithms that use preexisting data to forecast or predict places or times that have a high risk of crime, or individuals or groups who are likely to be connected to a crime. This definition does not include computer algorithms used solely to visualize, chart, or map past criminal activity (e.g., heat maps).

“Surveillance impact report” means a written report including at a minimum the following:

1. Information describing the surveillance technology and how it works, including product descriptions from manufacturers;

2. Information on the proposed purpose(s) for the surveillance technology;

3. If applicable, the location(s) it may be deployed and crime statistics for any location(s);

4. The fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding;

5. An assessment identifying with specificity any potential adverse impacts the surveillance technology, if deployed, might have on civil liberties and civil rights; and what specific, affirmative measures will be implemented to safeguard the public from those potential adverse impacts;

6. Whether use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor on an ongoing basis; and

7. A summary of the experience, if any, other governmental entities have had with the proposed technology, including information about the effectiveness, and any known adverse information about the technology such as unanticipated costs, failures, civil rights, or civil liberties abuses.

“Surveillance technology” means any software, electronic device, system utilizing an electronic device, or similar, used, designed, or primarily intended to collect, retain, process, or share audio, electronic, visual, location, thermal, biometric, olfactory or similar information specifically associated with, or capable of being associated with, any individual or group. “Surveillance technology” includes but is not limited to:

1. International mobile subscriber identity (IMSI) catchers and other cell site simulators;

2. Automatic license plate readers;

3. Electric toll readers;

4. Closed-circuit television cameras;

5. Gunshot detection hardware and services;

6. Video and audio monitoring and/or recording technology, such as surveillance cameras, wide-angle cameras, and wearable body cameras;

7. Mobile DNA capture technology;

8. Biometric surveillance technology, including facial, voice, iris, and gait-recognition software and databases;

9. Software designed to monitor social media services;

10. X-ray vans;

11. Software designed to forecast criminal activity or criminality;

12. Radio-frequency ID (RFID) scanners;

13. Tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network.

“Surveillance technology” does not include the following devices, hardware or software:

1. Office hardware, such as televisions, computers, credit card machines, copy machines, telephones, and printers, that are in widespread use by City departments and used for routine City business and transactions;

2. City databases and enterprise systems that contain information kept in the ordinary course of City business, including, but not limited to, human resources, permits, licenses, and business records;

3. City databases and enterprise systems that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases;

4. Information technology security systems, including firewalls and other cybersecurity systems;

5. Physical access control systems, employee identification management systems, and other physical control systems;

6. Infrastructure and mechanical control systems, including those that control or manage street lights, traffic lights, electrical, natural gas, or water or sewer functions;

7. Manually operated technological devices used primarily for internal City and department communications and are not designed to surreptitiously collect surveillance data, such as radios, personal communication devices, and email systems;

8. Manually operated, nonwearable, handheld cameras, audio recorders and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings;

9. Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision equipment;

10. Computers, software, hardware, or devices used in monitoring the work and work-related activities involving City employees, contractors and volunteers or used in conducting internal investigations involving City employees, contractors and volunteers;

11. Parking ticket devices;

12. Police department interview room and holding cell;

13. Police department computer-aided dispatch (CAD), records/case management, Live Scan, booking, Department of Motor Vehicles, California Law Enforcement Telecommunications Systems (CLETS), 9-1-1, and related dispatch and operation or emergency services systems;

14. Police department early warning systems.

“Surveillance use policy” means a publicly released, legally enforceable written policy governing the City department’s use of a specific surveillance technology that, at a minimum, includes all of the following:

1. Purpose. The specific purpose(s) that the surveillance technology item is intended to advance.

2. Authorized Use. The uses that are authorized, and the rules and processes required prior to such use and uses of the surveillance technology that will be expressly prohibited.

3. Data Collection. What types of surveillance data will be collected, captured, recorded, intercepted, or retained by the surveillance technology, what types of data may be inadvertently collected during the authorized uses of the surveillance technology, and what measures will be taken to minimize and delete such data.

4. Data Access. The category of individuals who can access or use the collected information, how and under what circumstances data collected with surveillance technology can be analyzed and reviewed, and the rules and processes required prior to access or use of the information.

5. Data Protection. The general safeguards that protect information from unauthorized access, including encryption and access control mechanisms.

6. Data Retention. The limited time period, if any, that information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s) enumerated in the surveillance use policy, the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period.

7. Public Access. How collected information can be accessed or used by members of the public, including criminal defendants.

8. Third-Party Data Sharing. Which governmental agencies, departments, bureaus, divisions, or units may receive data collected by the surveillance technology operated by the City department, including any required justification or legal standard necessary to share that data, and how it will ensure that any entity sharing or receiving such data complies with the surveillance use policy.

9. Training. The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology.

10. Auditing and Oversight. The mechanisms to ensure that the surveillance use policy is followed, including internal personnel assigned to ensure compliance with the policy, internal record-keeping of the use of the technology or access the information collected by the technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy.

11. Complaints. What procedures will be put in place by which members of the public can register complaints or concerns, or submit questions about the deployment or use of a specific surveillance technology, and how the municipal entity will ensure each question and complaint is responded to in a timely manner. (Amended as part of January 2023 update; Ord. 1145, 2022)