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(A) Applicability.
(1) This Section shall apply to the following City Departments and Agencies: the Boston Police Department, Boston Public Schools, Boston Public Health Commission, the Boston Parks Department Park Rangers, Boston Housing Authority, Boston Municipal Protection Services and the Office of Emergency Management.
(2) For the purpose of this Section, the word
CITY shall mean the City Departments and Agencies listed above.
(B) Exceptions and exemptions. The following situations are exceptions and exemptions from this Section.
(1) The following do not constitute Surveillance Data and are exempted from the requirements of this Section:
(a) Surveillance Data acquired where the individual knowingly and voluntarily consented to provide the information, such as submitting personal information for the receipt of city services; and
(b) Surveillance Data acquired where the individual was presented with a clear and conspicuous opportunity to opt-out of providing the information.
(2) Surveillance Technology does not include the following devices, software or hardware, which are exempt from the requirements of this Section, unless the devices, hardware or software are modified to include additional surveillance capabilities:
(a) Routine office hardware, such as televisions, computers and printers, that are in widespread public use and will not be used for any surveillance or surveillance-related functions;
(b) Parking ticket devices (“PTDs”) and related databases;
(c) Manually-operated, non-wearable, handheld digital cameras, audio recorders and video recorders that are not designed to be used surreptitiously, that are used for non-law enforcement and non-investigatory purposes and whose functionality is used for manually capturing and manually downloading video and/or audio recordings;
(d) Cameras installed in or on a Police vehicle;
(e) Cameras installed pursuant to commonwealth law authorization in or on any vehicle or along a public right-of-way solely to record traffic violations or traffic patterns; provided that the surveillance data gathered is used only for that purpose;
(f) Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles;
(g) City databases that do not and will not contain any surveillance data or other information collected, captured, recorded, retained, processed, intercepted or analyzed by surveillance technology;
(h) Manually-operated technological devices that are used primarily for internal city communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems;
(i) Parking access and revenue control systems, including proximity card readers and transponder readers at city owned or controlled parking garages;
(j) Card readers and key fobs used by city employees and other authorized persons for access to city owned or controlled buildings and property;
(k) Cameras installed on city property solely for security purposes, including closed-circuit television cameras installed by the city, to monitor entryways and outdoor areas of city owned or controlled buildings and property for the purpose of controlling access, maintaining the safety of city employees and visitors to city buildings and protecting city property;
(l) Security cameras including closed-circuit television cameras installed by the city to monitor cashiers’ windows and other cash-handling operations and to maintain the safety of city employees and visitors to such areas;
(m) Cameras installed solely to protect the physical integrity of city infrastructure;
(n) Technology that monitors only city employees in response to complaints of wrongdoing or in order to prevent waste, fraud or abuse of city resources;
(o) Devices exclusively capable of detecting radiation;
(p) Radio-frequency identification scanners (“RFIDs”) used for disaster patient tracking by the Boston Public Health Commission; and
(q) BPHC technology used to track BPHC owned or leased equipment and vehicles.
(3) Notwithstanding the provisions of this Section, BPD, BHA Police or BPHC Police may temporarily acquire or temporarily use surveillance technology in exigent circumstances for a period not to exceed 30 days without following the provisions of this chapter before that acquisition or use. However, if these bodies acquire or use surveillance technology in exigent circumstances under this Section, the BPD Commissioner, BHA Head of Police or BPHC Head of Police must:
(a) Report that acquisition or use to the Boston City Council in writing within 30 days following the end of those exigent circumstances;
(b) Submit a surveillance technology impact report, and, if necessary, a technology-specific Surveillance Use Policy to the Boston City Council regarding that surveillance technology within 30 days following the end of those exigent circumstances;
(c) Include that surveillance technology in the Department or Agency’s next annual surveillance report to the Boston City Council following the end of those exigent circumstances;
(d) If the Department or Agency is unable to meet the 30-day timeline to submit a Surveillance Technology Impact Report and, if necessary, a technology-specific Surveillance Use Policy to the Boston City Council, the Department or Agency must notify the Boston City Council in writing requesting to extend this period. The Boston City Council may grant extensions beyond the original 30-day timeline to submit a surveillance technology impact report, and, if necessary, a technology-specific Surveillance Use Policy;
(e) Any surveillance technology impact report, and, if necessary, any Technology-Specific Surveillance Use Policy submitted to the Boston City Council under this Subsection shall be made publicly available on the city’s website upon submission to the Boston City Council; and
(f) Any surveillance technology impact report and, if necessary, technology-specific Surveillance Use Policy submitted to the Boston City Council under this Section may be redacted to the extent required to comply with an order by a court of competent jurisdiction, or to exclude information that, in the reasonable discretion of the Commissioner of Police, if disclosed, would materially jeopardize an ongoing investigation or otherwise represent a significant risk to public safety and security provided, however, that any information redacted pursuant to this division (B)(3)(f) will be released in the next annual surveillance report following the point at which the reason for such redaction no longer exists.
(4) A City Department head may apply a technical patch or upgrade that is necessary to mitigate threats to the city’s environment. The Department shall not use the new surveillance capabilities of the technology until the requirements of this Section are met, unless the Mayor, or their designee, determines that the use is unavoidable; in that case, the Mayor shall request Boston City Council approval as soon as possible. The request shall include a report to the Boston City Council of how the altered surveillance capabilities were used since the time of the upgrade. If the Boston City Council does not approve the use of the proposed new surveillance capabilities, the request shall be sent to the Surveillance Oversight Advisory Board who will make recommendations to the Mayor. Subsequent to receiving the recommendations from the Surveillance Oversight Advisory Board, the Mayor may at their discretion resubmit a modified request to the Boston City Council for approval.
(C) Surveillance Use Policy.
(1) The Mayor shall submit to the Boston City Council for its review and approval a proposed Surveillance Use Policy applicable to each applicable City Department that possesses or uses surveillance technology before the effective date of this Section. If the Boston City Council does not approve the use of the proposed new surveillance capabilities, the request shall be sent to the Surveillance Oversight Advisory Board who will make recommendations to the Mayor. Subsequent to receiving the recommendations from the Surveillance Oversight Advisory Board, the Mayor may, at his or her discretion, resubmit a modified request to the Boston City Council for approval. Notwithstanding the previous sentences, in municipal year 2022, the Boston City Council shall approve and review the surveillance use policy no later than December 14, 2022 before such policy is sent to the Surveillance Oversight Advisory Board.
(2) Any Surveillance Use Policy submitted under this Section shall be made publicly available upon submission to the Boston City Council.
(3) A Surveillance Use Policy shall, at a minimum, specify the following:
(a) Purpose. The specific purpose(s) for the surveillance technology;
(b) Authorized use. The uses that are authorized, the rules and processes required before that use, and the uses that are prohibited;
(c) Data collection. The surveillance data that can be collected by the surveillance technology;
(d) Data access. The individuals who can access or use the collected surveillance data, and the rules and processes required before access or use of the information;
(e) Data protection. The safeguards that protect information from unauthorized access, including, but not limited to, encryption, access- control and access-oversight mechanisms;
(f) Data retention. The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason that retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period has elapsed and the conditions that must be met to retain information beyond that period;
(g) Public access. If and how collected surveillance data can be accessed by members of the public, including criminal defendants;
(h) Information and data-sharing. If and how other city or non-city entities can access or use the surveillance data, how information is shared among City Agencies or between City Agencies and non-city entities and organizations, including any required justification and legal standard necessary to do so, and any obligation(s) imposed on the recipient of the surveillance data;
(i) Training. The training, if any, required for any individual authorized to use the surveillance data or technology or to access information collected by the surveillance technology, including whether there are training materials;
(j) Oversight. The mechanisms to ensure that the Surveillance Use Policy is followed, including, but not limited to, identifying personnel assigned to ensure compliance with the policy, internal record keeping of the use of the technology or access to information collected by the surveillance technology, audit requirements or procedures, technical measures to monitor for misuse, any independent person or entity with oversight authority and the sanctions for violations of the policy;
(k) Legal authority. The statutes, regulations or legal precedents, if any, that control the collection, capturing, recording, retaining, processing, interception, analysis, release or disclosure of surveillance data and technology; and
(l) Child rights. Special considerations specific to surveillance technology and surveillance data pertaining to minor children.
(4) The Boston City Council shall vote to approve or deny the Surveillance Use Policy by a vote of a simple majority within 60 days of submission. If the Boston City Council does not approve the Surveillance Use Policy, the Policy shall be sent to the Surveillance Oversight Advisory Board who will make recommendations of improvement to the Mayor. Subsequent to receiving the recommendations from the Surveillance Oversight Advisory Board, the Mayor may at their discretion resubmit a modified request to the Boston City Council for approval.
(D) Surveillance technology impact report and Technology-Specific Surveillance Use Policy.
(1) (a) The Mayor’s Office must seek and obtain approval from the Boston City Council as set forth in this Section prior to the city acquiring, using or entering into an agreement to acquire, share or otherwise use, unapproved surveillance technology or surveillance data as defined in this Section.
(b) The city may seek, but not accept, funds for surveillance technology without approval from the Boston City Council; provided that the city shall notify the Boston City Council of the funding application at the time it is submitted, and include in this notification the deadline of the funding opportunity and details regarding the nature of the surveillance technology for which funding is sought. If the Boston City Council declines to accept funds for surveillance technology, the request to accept the funds shall be sent to the Surveillance Oversight Advisory Board who will make recommendations to the Mayor. Subsequent to receiving the recommendations from the Surveillance Oversight Advisory Board, the Mayor may at their discretion resubmit a modified request to the Boston City Council for approval.
(2) Acquisition of surveillance technology by applicable City Departments. Unless exempted or excepted from the requirements of this Section, any applicable City Department intending to acquire new surveillance technology or surveillance data, including, but not limited to, procuring that surveillance technology without the exchange of monies or other consideration, or use surveillance technology or surveillance data for a purpose or in a manner not previously approved, shall, prior to acquisition or use, obtain Council approval of the acquisition or use. The process for obtaining approval shall be as follows.
(a) The City Department shall submit a surveillance technology impact report, and, if necessary, a Technology-Specific Surveillance Use Policy, as described below, to the Mayor’s Office for review and approval.
(b) If the request is approved by the Mayor’s Office, the Mayor’s Office shall submit the request, including copies of the City Department’s surveillance technology impact report and, if applicable, Technology-Specific Surveillance Use Policy, to the Boston City Council for review.
(c) The Boston City Council shall have 60 days from the date of submission to approve or deny a request by majority vote for the acquisition or use of surveillance technology. If the Boston City Council does not approve the acquisition or use of surveillance technology, the request shall be sent to the Surveillance Oversight Advisory Board who will make recommendations to the Mayor. Subsequent to receiving the recommendations from the Surveillance Oversight Advisory Board, the Mayor may, at his or her discretion resubmit a modified request to the Boston City Council for approval.
(d) A surveillance technology impact report submitted shall include all of the following:
(e) Information describing the surveillance technology and how it works;
(f) Information on the proposed purpose(s) for the surveillance technology;
(g) Information describing the kind of surveillance the surveillance technology will conduct and what surveillance data will be gathered, including a detailed accounting of which entities may have access to any surveillance data, under what circumstances (e.g., ongoing automated access, subject to an informal request, subject to subpoena, subject to a warrant and the like);
(h) The location(s) the surveillance technology may be deployed and when;
(i) A description of the privacy and anonymity rights affected and a mitigation plan describing how the Department’s use of the equipment will be regulated to protect privacy and anonymity, and to limit the risk of abuse;
(j) The potential impact(s) on privacy in the city; the potential impact on the civil rights and liberties of any individuals, communities or groups, including, but not limited to, communities of color or other marginalized communities in the city; and a description of a plan to address these impact(s);
(k) An estimate of the fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs and any current or potential sources of funding; and
(l) An explanation of how the Surveillance Use Policy will apply to this surveillance technology and, if it is not sufficiently applicable, a Technology-Specific Surveillance Use Policy.
(3) A Technology-Specific Surveillance Use Policy shall be required if the purpose, authorized use, data collection, data access, data protection, data retention, public access, third-party data sharing, training or oversight of the requested surveillance technology differ from the standards in the Surveillance Use Policy submitted under division (C) above and this division (D).
(a) A Technology-Specific Surveillance Use Policy shall not conflict with any provision of the city’s Surveillance Use Policy.
(b) To the extent a conflict arises between the provisions of the City’s Surveillance Use Policy and a Technology-Specific Surveillance Use Policy, the city’s Surveillance Use Policy shall govern. A Technology-Specific Surveillance Use Policy shall include all of the elements of the Surveillance Use Policy as outlined in division (B) above.
(4) Any surveillance technology impact report, and, if necessary, Technology-Specific Surveillance Use Policy submitted to the Boston City Council under division (C) above and this division (D) shall be made publicly available on the city’s website upon submission to the Council.
(CBC 1985 16-63.3; Ord. 2021 c. 14; Ord. 2022 c. 7)
(A) School Safety Specialists shall not collect, store or share information pertaining to students except by creating and sharing student reports in accordance with this Section.
(1) Student reports shall only be created when:
(a) Serious bodily harm to an individual has occurred as a result of willful conduct by a student;
(b) A credible threat to the safety of the school arises that would amount to criminal conduct;
(c) A student is in possession of firearms as defined in M.G.L. Chapter 269, Section 10(j), ammunition, or a dangerous weapon as described in M.G.L. Chapter 269, Section 10(b); or
(d) A student unlawfully possesses or uses controlled substances; provided those substances are not marijuana, nicotine or alcohol, and further provided, however, that School Safety Specialists may collect, store and share information pertaining to unlawful distribution of alcohol or marijuana when a student has unlawfully distributed marijuana or alcohol on school grounds in excess of the following amounts: 30 grams for marijuana and one liter for alcohol.
(2) School Safety Specialists may not create a student report relating to matters that are not described above.
(3) Student reports shall not contain information pertaining to:
(a) Immigration status;
(b) Citizenship;
(c) Address and/or neighborhood of residence;
(d) Religion;
(e) National origin;
(f) Students’ native or spoken language;
(g) Suspected, alleged or confirmed gang involvement, affiliation, association or membership;
(h) Participation in school activities, extracurricular activities outside of school, sports teams or school clubs or organizations;
(i) Degrees, honors or awards; or
(j) Post-high school plans.
(4) (a) Before creating the student report, the School Safety Specialists must discuss the writing of the report with the principal(s) or head(s) of school of:
1. The school(s) where the subject(s) of the report is/are enrolled; and
2. The school where the School Safety Specialists writing the report is assigned to work.
(b) The required principals or heads of school must document in writing that the incident at hand merits a report under the criteria in this division (A).
(5) Principals and heads of school of the school(s) where the subject(s) of the report is/are enrolled and the school where the School Safety Specialists writing the report is assigned to work must receive copies of all student reports written under this Section immediately upon writing.
(a) Within 24 hours of the writing of a student report under this Section, the relevant principals and/or heads of school must provide a copy of the report, with any necessary redactions to protect student privacy, to every student referenced by name in the report, as well as to those students’ families. Reports which involve allegations of parental/ household abuse may also be withheld from students’ families if disclosure of the report is not in the best interest of the student. In cases of allegations of parental/household abuse, a copy of the report shall be provided to the student or a trusted adult of their choosing.
(B) Rules for student information sharing. School Safety Specialists and BPS personnel shall not transmit to or share with BPD or any other outside entities any information about students, including, but not limited to, Student Reports, through any official or unofficial channels, including, but not limited to, text, phone, email, database and in-person communication, except if the transmission or sharing is done:
(1) Pursuant to division (C) below; or
(2) In exigent circumstances pursuant to division (D) below.
(C) Transmitting information to the BPD and other entities outside the Boston Public Schools.
(1) BPS personnel and School Safety Specialists may not send information relating to Boston Public Schools students to the Boston Regional Intelligence Center (“BRIC”), Federal Immigration Authorities, Federal Law Enforcement Agencies or any law enforcement fusion center under any circumstances, except where required by commonwealth or federal law.
(2) BPS personnel may not transmit to the BPD any student information, including, but not limited to, a student report, unless in response to a judicial warrant issued upon a finding of probable cause, as required under M.G.L. Chapter 269, Section 10(j) and M.G.L. Chapter 71, Section 37L, or as otherwise required by commonwealth or federal law. Nothing in this Section shall limit the ability of Boston Public Schools to release information as required by commonwealth or federal laws and regulations.
(3) Before BPS personnel or a School Safety Specialist transmits a student report created pursuant to division (A) above or any other information relating to a student to BPD or to any other entity outside of the Boston Public Schools in accordance with divisions (C)(1) and (2) above, the following must take place.
(a) Any student named in a Student Report or other record, and their parent or guardian, must be notified in writing that the Student Report they received pursuant to Section division (A)(5) above will be transmitted to BPD or to the outside Agency and receive an explanation of why the information reflected in the report is prompting the communication. All written materials must be provided in both English and the language spoken by the relevant student’s parent or guardian.
(b) The Boston Public Schools must schedule a meeting with the student and the student’s parent or guardian as soon as practicable, and an interpreter of the family’s choosing must be present for any party that requires one. The interpreter cannot be the student or other individual who is participating in the meeting in another capacity. If the family does not have a preferred interpreter, BPS must provide a qualified translator.
(c) The Principals and heads of school mentioned in division (A)(5) above, the Superintendent and the Legal Advisor for the School Department must review the Student Report and the Legal Advisor for BPS must verify that at least one of the criteria in division (A)(1) above is present. If the Legal Advisor finds that the incident did not meet the criteria in division (A)(1) above, he or she must place a note in the record attesting to this fact, and the student report may not be transmitted to the BPD or any entity outside of BPS.
(d) The student and family may have an attorney and/or advocate present at the meeting. At the moment the meeting is scheduled and requested, BPS must provide the family with a list of available legal services vetted by the Mayor’s Office of Immigrant Advancement.
(e) Students and families may amend a student’s record by placing a note with information relating to any student report in which the student is named in the student’s file.
(D) Transmission of information pursuant to exigent circumstances.
(1) Within 12 hours after a School Safety Specialist transmits a Student Report created pursuant to division (A) above or any other information relating to a student to the BPD pursuant to the existence of exigent circumstances: the School Safety Specialists must notify the relevant principal or head of school that student information was shared with the BPD, and provide the relevant principal or head of school with a copy of the information shared;
(2) Within 24 hours after the conclusion of the exigent circumstance or within 24 hours after BPS Personnel or a School Safety Specialist transmits a student report created pursuant to division (A) above or any other information relating to a student to the BPD pursuant to the existence of exigent circumstances, the relevant principal or head of school shall:
(a) Notify in writing any student whose information or student report was shared and their parent or guardian that the student information was shared, and share a copy of the information transmitted and an explanation of the incident prompting the communication to BPD after the information was transmitted. All written materials must be provided in both English and the language spoken by the parent or guardian;
(b) The relevant principal or head of school must schedule a meeting with the student and the student’s parent or guardian as soon as practicable, and an interpreter/translator of the parent or guardian’s choosing must be present for any party that requires one. The interpreter/translator cannot be the student or other individual who is participating in the meeting in another capacity. If the family does not have a preferred translator, BPS must provide a qualified translator. The student and parent or guardian may have an attorney and/or advocate present at the meeting. At the moment the meeting is scheduled and requested, BPS must provide the family with a list of available legal services vetted by the Mayor’s Office of Immigrant Advancement;
(c) If the information shared was a student report, the principals and/or heads of school mentioned in division (A)(5) above, the Superintendent and the Legal Advisor for the School Department must review the student report and the Legal Advisor for BPS must verify that at least one of the criteria in division (A)(1) above is present. If the Legal Advisor finds that the incident did not meet the criteria in Section division (A)(1) above, he or she must place a note in the record attesting to this fact, and the BPD must be notified to the same within three business hours.
(E) Meetings where ICE is present. School Safety Specialists shall not attend any meetings where Officers or employees from United States Immigrations and Customs Enforcement are present, either in person or virtually.
(F) Transparency and communication. Students, families, school administrators, teachers and counselors must be made aware of this Section by including a copy of the ordinance in the Guide to Boston Public Schools.
(G) Community Information-Sharing Oversight Board.
(1) A Community Oversight Board shall be created to provide oversight regarding the implementation of this Section.
(2) The Board must include at least one representative from each of the following groups: a student chosen by the Boston Student Advisory Council, a parent or guardian chosen by the city-wide Parent Council, a parent or guardian chosen by the Boston Special Education Parent Advisory Council, a representative chosen by the Code of Conduct Advisory Council, a representative of the District English Learner Advisory Committee, a teacher chosen by the Boston Teachers Union, a local immigration advocate chosen by the Student Immigrant Movement (“SIM”), a civil rights advocate chosen by Lawyers for Civil Rights and an immigration attorney familiar with the immigration consequences of criminal proceedings chosen by the Political Asylum/Immigration Representation Project.
(3) The Superintendent shall report monthly to the Board:
(a) The number of student reports created, disaggregated by school;
(b) The number of student reports shared with any outside entity, disaggregated by school and receiving entity;
(c) The number of student reports reviewed by the Legal Advisor for the School Department that did not meet the criteria specified in division (A)(1) above, disaggregated by school, and including the date of each incident, a description of each incident, the race, ethnicity, gender, age and grade level of each student who is named in the report, the location of the incident and whether the report was transmitted to BPD or to any other outside entity; and
(d) The number of student reports written under division (A) above, disaggregated by school, including the date of the incident, a description of the incident including the justification for the creation of the report per division (A)(1) above, the type of report, the race, ethnicity, gender, age and grade of each student who is named in the report, the location of the incident and whether the report was transmitted to BPD or to any other outside entities.
(4) The Board will review the information provided under division (G)(3) above and may request that School Safety Specialists or District personnel respond to questions, either in writing or at a public meeting, relating to the information provided.
(5) The Board shall review the information for patterns and compliance with this Section. It shall issue findings and report such findings to the Boston City Council and School Committee on a quarterly basis.
(H) Accountability and training.
(1) All School Safety Specialists and school administrators must receive training on this policy, and the training will be designed in collaboration with the Student Immigrant Movement and Boston Teachers Union’s Unafraid Educators. The training will also be provided by the Central Office and not by individual schools. Training materials will be made publicly available.
(2) All School Safety Specialists and BPS personnel, including school administrators, will sign an acknowledgment of responsibility for safeguarding student information under this Subsection; the Family Educational Rights and Privacy Act (“FERPA”), being 20 U.S.C. § 1232g; 34 C.F.R. Part 99; the commonwealth’s Student Records Law, being M.G.L. Chapter 71, Sections 34D, 34E, 34G and 34H; and 603 CMR 23 and 603 CMR 49.
(3) All new School Safety Specialists will receive training on the requirements of this Subsection as part of their orientation.
(4) All School Safety Specialists must be trained every three years or at the discretion of the Community Oversight Board.
(5) Any transfer of information about students in violation of this Subsection shall result in appropriate disciplinary action, up to and including dismissal, in accordance with the rules of collective bargaining.
(6) Should any School Safety Specialist be found to have violated this policy, the Superintendent will instruct the Chief of Safety Services to suspend all authorization of School Safety Specialists report submissions to BPD pending a full investigation of such violation.
(I) Nothing in this Section shall be construed to prevent or restrict reporting requirements around sexual assault, sexual abuse and child abuse in accordance with the M.G.L.
(CBC 1985 16-63.4; Ord. 2021 c. 14)
(A) (1) This Section shall apply to the following City Departments and Agencies: the Boston Police Department, Boston Parks Department Park Rangers, Boston Public Schools, Boston Public Health Commission, Boston Housing Authority, Boston Municipal Protection Services and the Office of Emergency Management.
(2) For the purpose of this Section, the word
CITY shall mean the City Departments and Agencies listed above.
(B) Within 18 months of the effective date, and annually thereafter, all applicable City Departments shall submit to the Mayor an Annual Surveillance Report pertaining to each City Department for which approval for the use of surveillance technology or surveillance data has been obtained under Subsection 16-63.3(C) and (D). Upon receipt of such reports, the Mayor shall promptly submit them to the Boston City Council. Any Annual Surveillance Report submitted under this Section shall be made publicly available on the city’s website upon submission to the Council.
(C) The Annual Surveillance Report submitted pursuant to this Section shall include all of the following:
(1) A description of how surveillance technology has been used, including whether it captured images, sound or other information regarding members of the public who are not suspected of engaging in unlawful conduct;
(2) Whether and how often data acquired through the use of the surveillance technology was shared with local, commonwealth and federal; the name of any recipient entity; the type(s) of data disclosed; any legal standard(s) under which the information was disclosed; and the justification for the disclosure;
(3) A summary of community complaints or concerns about the surveillance technology, if any;
(4) The results of any internal audits, any information about violations of the Surveillance Use Policy and any actions taken in response other than to the extent that such inclusion would violate the privacy rights of an employee of the city;
(5) A detailed accounting of whether the surveillance technology has been effective at achieving its identified purpose;
(6) The number of public records requests received by the city seeking documents concerning surveillance technologies approved during the previous year;
(7) An estimate of the total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source(s) of funding will fund the technology in the coming year, if known;
(8) Whether the civil rights and liberties of any communities or groups, including communities of color or other marginalized communities in the city are disproportionately impacted by the deployment of the surveillance technology; and
(9) A disclosure of any new agreements made in the past 12 months with non-city entities that may include acquiring, sharing or otherwise using surveillance technology or the surveillance data it provides.
(D) Based upon information provided in the Annual Surveillance Report, the Boston City Council shall determine whether the benefits to the applicable, impacted City Department(s) and the community of the surveillance technology outweigh the financial and operational costs and whether reasonable safeguards exist to address reasonable concerns regarding privacy, civil liberties and civil rights impacted by the deployment of the surveillance technology. If the benefits or reasonably anticipated benefits do not outweigh the financial and/or operational costs or civil liberties or civil rights are not reasonably safeguarded, the Boston City Council may recommend modifications to the Surveillance Use Policy that are designed to address the Boston City Council’s concerns to the Mayor for their consideration; withdraw authorization for continued use of surveillance technology by a majority vote of the Boston City Council; and/or request a report back from the Mayor regarding steps taken to address the Boston City Council’s concerns. Should the Council withdraw authorization for a previously approved surveillance technology, the Mayor may request that the Surveillance Oversight Advisory Board meet to discuss the Boston City Council’s concerns and provide recommendations to the Mayor. The Mayor at their discretion may resubmit a modified request to the Boston City Council for approval.
(E) Nothing in this Section shall prohibit the Boston City Council from enacting a separate ordinance to ban or otherwise regulate any surveillance technology, whether previously approved or not.
(F) No later than May 31 of each year, the Boston City Council shall hold a meeting to discuss the applicable City Departments’ Annual Surveillance Reports, and shall publicly release a report that includes a summary of all requests for approval of surveillance technology received by the Boston City Council during the prior year, including whether the Boston City Council approved or denied the city’s request for acquisition or use of the surveillance technology.
(CBC 1985 16-63.5; Ord. 2021 c. 14)
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