2.30.680   Definitions.
   The following definitions apply to this section:
   (a)   "Annual surveillance report" means a written report, submitted after the close of the fiscal year and that includes the following information with respect to the prior fiscal year:
   (1)   A description of how each Council-approved surveillance technology was used, including whether it captured images, sound, or 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 outside entities, the name of any recipient entity, the types of data disclosed, and the reason for the disclosure;
   (3)   A summary of any community complaints or concerns about the surveillance technology;
   (4)   Non-privileged and non- confidential information regarding the results of any internal audits, information about violations of the surveillance use policy, and any actions taken in response;
   (5)   Whether the surveillance technology has been effective at achieving its identified purpose;
   (6)   The number and nature of Public Records Act requests relating to the surveillance technology;
   (7)   Annual costs for the surveillance technology and for compliance with this surveillance and privacy protection ordinance, including personnel and other ongoing costs, and sources of funding; and
   (8)   Other relevant information as determined by the City Manager.
   The annual surveillance report will not include information that may compromise the integrity or limit the effectiveness of a law enforcement investigation.
   (b)   "Surveillance evaluation" means written information, including as part of a staff report, including:
   (1)   A description of the surveillance technology, including how it works and what information it captures;
   (2)   Information on the proposed purpose, use and benefits of the surveillance technology;
   (3)   The location or locations where the surveillance technology may be used;
   (4)   Existing federal, state and local laws and regulations applicable to the surveillance technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts;
   (5)   The costs for the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding.
   (c)   "Surveillance technology" means any device or system primarily designed and actually used or intended to be used to collect and retain audio, electronic, visual, location, or similar information constituting personally identifiable information associated with any specific individual or group of specific individuals, for the purpose of tracking, monitoring or analysis associated with that individual or group of individuals. Examples of surveillance technology include drones with cameras or monitoring capabilities, automated license plate readers, closed-circuit cameras/televisions, cell-site simulators, biometrics-identification technology and facial- recognition technology. For the purposes of this chapter, "surveillance technology" does not include:
   (1)   Any technology that collects information exclusively on or regarding city employees or contractors;
   (2)   Standard word-processing software; publicly available databases; and standard message tools and equipment, such as voicemail, email, and text message tools;
   (3)   Information security tools such as web filtering, virus detection software;
   (4)   Audio and visual recording equipment used exclusively at open and public events, or with the consent of members of the public;
   (5)   Medical devices and equipment used to diagnose, treat, or prevent disease or injury.
   (d)   "Surveillance use policy" means a stand-alone policy or a section in a comprehensive policy that is approved by Council and contains:
   (1)   The intended purpose of the surveillance technology.
   (2)   Uses that are authorized, any conditions on uses, and uses that are prohibited.
   (3)   The information that can be collected by the surveillance technology.
   (4)   The safeguards that protect information from unauthorized access, including, but not limited to, encryption, access-control, and access oversight mechanisms.
   (5)   The time period for which information collected by the surveillance technology will be routinely retained; the process by which the information is regularly deleted after that period lapses; and conditions and procedures for retaining information beyond that period.
   (6)   If and how non-city entities can access or use the information, including conditions and rationales for sharing information, and any obligations imposed on the recipient of the information.
   (7)   A description of compliance procedures, including functions and roles of city officials, internal recordkeeping, measures to monitor for errors or misuse, and corrective procedures that may apply.
(Ord. 5494 § 36, 2020: Ord. 5450 § 2 (part), 2018)