8.80.075 Prohibition of certain surveillance technologies.
A. It shall be unlawful for any City department to obtain, retain, access, or use:
1. Biometric surveillance technology; or
2. Predictive policing technology; or
3. Facial recognition technology; or
4. Any information obtained from biometric surveillance or predictive policing technologies.
B. A City department’s inadvertent or unintentional receipt, retention, access to, or use of any information obtained from subsections (A)(1) through (A)(4) of this section shall not be a violation of this subsection; provided, that:
1. The City department does not request or solicit its receipt, access to, or use of such information; and
2. The City department creates a log of such receipt, access to, or use and, within seven days of the event, submits that log to the City Council for inclusion in the City Council’s subsequent regular meeting agenda.
C. Any violation of this chapter constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this chapter. An action instituted under this subsection shall be brought against the City of Sebastopol.
D. No data collected or derived from any use of technology in violation of this chapter, and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the State of California. Data collected or derived in violation of this chapter shall be considered unlawfully obtained, and shall be deleted upon discovery.
E. A court shall award costs to the prevailing plaintiff in any action brought to enforce this chapter and any reasonable attorney’s fees as may be awarded pursuant to State law. (Ord. 1145, 2022)