(a) A Village entity must obtain Village Council approval, after a Village Council hearing at which the public is afforded an opportunity to provide input before the Village engages in any of the following actions:
(1) Seeking funds for new surveillance technology, including but not limited to applying for a grant, or soliciting or accepting state or federal funds or other donations;
(2) Acquiring new surveillance technology or borrowing unapproved surveillance technology, whether that acquisition is made through the exchange of monies or other consideration;
(3) Using new or existing surveillance technology for a purpose or in a manner not previously approved by the Village Council in accordance with this Act, including the sharing of surveillance data therefrom; or
(4) Entering into an agreement with any other person or entity to acquire, share or otherwise use surveillance technology or surveillance data.
(b) As a part of the process of seeking Village Council approval, pursuant to division (a) of this section, to fund, acquire, or use surveillance technology or to enter into an agreement concerning such funding, acquisition, or use, a Village entity shall submit to the Village Council and make publicly available a surveillance use policy ("Surveillance Use Policy") concerning the technology at issue.
(1) No use of surveillance technology by a Village entity pursuant to division (a) of this section shall be permitted without the Village Council's express approval of the related Surveillance Use Policy submitted by the Village entity.
(2) Prior to approving or rejecting a Surveillance Use Policy, the Village Council may request revisions be made by the submitting Village entity.
(c) A Surveillance Use Policy shall be a publicly-released written policy governing the Village entity's use of the surveillance technology that, at a minimum, includes and addresses the following:
(1) Purpose. Describes the surveillance technology, the fiscal impact of the technology, and the specific purpose(s) the surveillance technology is intended to advance.
(2) Authorized use. Details what specific capabilities and general uses of the surveillance technology authorization is being sought.
(3) Adverse impact safeguards. Details any adverse impacts the use of the surveillance technology may have on civil rights and liberties, and:
A. What safeguards to prevent such impacts that will be implemented; and
B. What potential uses of the surveillance technology will be expressly prohibited.
(4) Data collection and review.
A. What types of surveillance data will be collected, captured, recorded, intercepted, or retained by the surveillance technology;
B. How and under what circumstances the data collected, captured, recorded, or intercepted by the surveillance technology will be analyzed and reviewed; and
C. How inadvertently collected surveillance data will be expeditiously identified and deleted.
(5) Data retention. Insofar as the privacy of the public can be severely compromised by the long-term storage of mass surveillance data, the Surveillance Use Policy shall identify what rules shall govern the retention and deletion of captured surveillance data. Such rules may be adopted from an existing section of the Village's Record Retention policy or may be proposed as an amendment to the Record Retention policy. Along with stating the governing rules, the rationale for selecting the chosen rules, including why the chosen rules are the most appropriate for the specifically implicated surveillance data, shall be provided in the Surveillance Use Policy.
(6) Surveillance data sharing. If a Village entity is seeking authorization to share access to surveillance technology or surveillance data with any other governmental agencies, departments, bureaus, divisions, or units, it shall detail:
A. With which governmental agencies, departments, bureaus, divisions, or units it is seeking approval to (i) share surveillance technology, and (ii) share surveillance data;
B. How such sharing is necessary for the stated purpose and use of the surveillance technology.
(7) Oversight. What mechanisms will be implemented to ensure the Surveillance Use Policy is followed.
(8) Citizen concerns. At the time of submission of an application for surveillance technology funding, acquisition or use, such application shall include the process by which citizens may ask questions or register complaints about a specific surveillance technology and how the Village will respond to questions and complaints.
(9) Once approved by Council, a Surveillance Use Policy may only be amended with Council approval pursuant to this chapter.
(Ord. 2018-47. Passed 11-19-18.)