a. Definitions.
"Boston" shall mean any department, agency, bureau, and/or subordinate division of the City of Boston.
"Boston official" shall mean any person or entity acting on behalf of the City of Boston, including any officer, employee, agent, contractor, subcontractor, or vendor.
"Face surveillance" shall mean an automated or semi-automated process that assists in identifying or verifying an individual, or in capturing information about an individual, based on the physical characteristics of an individual's face.
"Face surveillance system" shall mean any computer software or application that performs face surveillance.
b. Ban on City use of face surveillance.
1. It shall be unlawful for Boston or any Boston official to:
(a) Obtain, retain, possess, access, or use (i) any face surveillance system, or (ii) information derived from a face surveillance system;
(b) Enter into an agreement with any third party for the purpose of obtaining, retaining, possessing, accessing, or using, by or on behalf of Boston or any Boston official any face surveillance system; or
(c) Issue any permit or enter into any other agreement that authorizes any third party, on behalf of Boston or any Boston official, to obtain, retain, possess, access, or use (i) any face surveillance system, or (ii) information derived from a face surveillance system.
2. Nothing in (b)(1) shall prohibit Boston or any Boston official from:
(a) Using evidence relating to the investigation of a specific crime that may have been generated from a face surveillance system, so long as such evidence was not generated by or at the request of Boston or any Boston official; or
(b) Obtaining or possessing (i) an electronic device, such as a cell phone or computer, for evidentiary purposes, or (ii) an electronic device, such as a cell phone or tablet, that performs face surveillance for the sole purpose of user authentication;
(c) Using face recognition on an electronic device, such as a cell phone or tablet, owned by Boston or by any Boston official, for the sole purpose of user authentication;
(d) Using social media or communications software or applications for communicating with the public, provided such use does not include the affirmative use of any face surveillance;
(e) Using automated redaction software, provided such software does not have the capability of performing face surveillance; or
(f) Complying with the National Child Search Assistance Act.
c. Enforcement.
1. Face surveillance data collected or derived in violation of this ordinance shall be considered unlawfully obtained and shall be deleted upon discovery, subject to applicable law.
2. No data collected or derived from any use of face surveillance in violation of this ordinance and no evidence derived therefrom may be received in evidence in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or authority subject to the jurisdiction of the City of Boston.
3. Any violation of this ordinance 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 ordinance. A court shall award costs and reasonable attorneys' fees to a plaintiff who is the prevailing party in such proceedings. An action instituted under this paragraph shall be brought against the respective City department, and the City and, if necessary to effectuate compliance with this ordinance, any other governmental agency with possession, custody, or control of data subject to this ordinance.
4. Violations of this ordinance by a City employee shall result in consequences that may include retraining, suspension, or termination, subject to due process requirements and provisions of collective bargaining agreements.
5. Nothing in this section shall be construed to limit any individual's rights under state or federal law.
d. Severability.
1. If any provision of this section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
e. Effective date.
1. The provisions of this ordinance shall be effective immediately upon passage.
(Ord. 2020 c. 2)