For nearly 2 years a committee has been quietly working on new rules for the City of Madison’s use of tools to watch and gather data about you. What have they come up with?
COMMITTEE MEETINGS
I tried following along, but the meeting times during the day prevented me from attending in the beginning and it seemed random when they recorded (turns out they recorded more than I realized) and then for the past year I thought they were close to be done, at least that is what I kept being told. They’ve had 21 meetings, all held during the day (noon, 3:30, 12:15, 2:00, 11:30 etc) except 6. The meetings didn’t have a regular meeting time, they were scheduled ad hoc. Most of their meetings were videotaped, but not all. (12/13/19, 9/27/19, 8/27/19, 7/30/19, 5/24/19, 5/10/19, 4/12/19, 1/25/19, 12/4/18, 10/26/18, 9/14/18, 8/3/18, 7/2/18, 5/11/18, 4/27/18, 4/13/18, 3/28/18, 3/9/18) Alders Rebecca Kemble, Paul Skidmore, Samba Baldeh, Sherry Carter and former Alder Ledell Zellers served on the committee and some of the work was done internally by staff not in public meetings.
PROPOSED ORDINANCE
The 12/13 version of the ordinance is still marked draft and hasn’t been introduced yet. They are going to send it to the city attorney’s office for final review and have one more meeting to discuss.
Here’s what the draft ordinance says:
What is covered by this ordinance
“Surveillance technology” means any hardware, software, electronic device, or system utilizing an electronic device, owned by the City or under contract with the City, designed, or primarily intended, to collect, retain, process, or share audio, electronic, visual, location, thermal, biometric, olfactory or other personally identifiable information of members of the public for the purpose of surveillance. Surveillance technology includes but is not limited to the following: cell site simulators; automatic license plate readers; gunshot detection systems; facial recognition software; gait analysis software; video cameras that record audio or video and can transmit or be remotely accessed; and unmanned aircraft systems equipped with remote video capabilities.
What is not
-
- Office hardware, such as televisions, computers, credit card machines, copy machines, telephones and printers;
- Audio/video teleconference systems;
- City databases and enterprise systems that contain information, including, but not limited to, human resource, permit, license and business records;
- City databases and enterprise systems that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases;
- Information technology security systems, including firewalls and other cybersecurity systems;
- Systems or databases that capture information where an individual knowingly and voluntarily consented to provide the information, such as applying for a permit, license or reporting an issue;
- Physical access control systems, employee identification management systems, and other physical control systems;
- Infrastructure and mechanical control systems, including those that control or manage street lights, traffic lights, or water or sewer functions;
- Manually-operated technological devices used primarily for internal City and Department communications and are not designed to surreptitiously collect surveillance data, such as radios, cell phones, personal communication devices and email systems;
- Manually-operated, non-wearable, handheld cameras, audio recorders and video recorders that are not designed to be used surreptitiously and whose function is limited to manually capturing and manually downloading video and/or audio recordings;
- Devices that cannot record or transmit audio or video or electronic data or be remotely accessed, such as vision-stabilizing binoculars or night vision goggles;
- Computers, software, hardware or devices used in monitoring the work and work-related activities involving City buildings, employees, contractors and volunteers or used in conducting internal investigations involving City employees, contractors and volunteers;
- Medical equipment and systems used to record, diagnose, treat, or prevent disease or injury and are used and/or kept in the course of providing City services;
- Parking Ticket Devices;
- Equipment used on a temporary basis for active investigations and in accordance with City policies;
- Cameras intended to record activities at City facilities in nonpublic areas;
- Police Department interview rooms, holding cells, and Police Department internal security audio/video recording systems; and
- Police Department records/case management systems, digital fingerprinting systems, Computer Aided Dispatch (CAD).
Who the ordinance applies to
This ordinance applies to all Departments that do any of the following:
- Currently uses or has access to any surveillance technology
- Seeks funds for new surveillance technology including applying for or accepting grants, state or federal funds or other donations;
- Acquires new surveillance technology, with or without a cost;
- Enters into a contract/agreement with any other entity to share surveillancetechnology or surveillance data; and
- Changes in use of existing Surveillance Technology for a purpose substantiallydifferent than originally approved.
Approval Process for new technology usage or changes to current use
As of January 1, 2020, all Departments must comply with this subsection prior to any use of new surveillance technology or substantial change of use of existing technology. (a) All Department requests to purchase, acquire or contract for the use of new Surveillance Technology or substantially change the use of existing technology that will connect to the City-wide Network will be referred to the Common Council via the budget process or through a resolution. The resolution or budget request will include at least the following information:
-
- The circumstances which necessitate the use of the Surveillance Technology;
- The training protocols on surveillance technology use, including access to data and images, the Department will utilize;
- The staff member or position responsible for the account management and administration of the Surveillance Technology;
- The staff member or position responsible for receiving complaints regarding the Department’s use of Surveillance Technology;
- The process for determining roles and access to Surveillance Technology;
- The process to ensure access to Surveillance Technology is revoked when the employee no longer has a job related need to said access;
- The personnel responsible for training staff and reviewing staff access and use of the Surveillance Technology;
- The process for providing the Madison Police Department with immediate access to all data recordings that may constitute evidence of a crime, unless otherwise prohibited by law;
- The time period that recorded audio and video will be retained, in accordance with the Department’s record retention policy;
- The prohibition of using Surveillance Technology to visually or audibly monitor the interior of private dwellings where a reasonable expectation of privacy exists, absent a court order or other lawful justification; and
- Procedures for ensuring that records are not destroyed during the pendency of any public records request, investigation or civil or criminal litigation.
Balancing test to be applied
The Department’s request for Surveillance Technology will be approved only upon the determination that the benefits to the citizens and residents of the City outweigh the potential negative impact upon civil liberties and civil rights and that, in the judgment of the Common Council, there is not an effective no alternative with a lesser impact upon civil rights or civil liberties nor is there an alternative with equivalent impact on civil rights or civil liberties but with a lesser economic cost.
Budget Process
As part of the annual budget request, all Departments will notify the Information Technology Director, the Mayor and Common Council leadership of any request to purchase, acquire or contract for the use of new Surveillance Technology that is not connected to the City-wide Network. The Department will post on the Department’s website notice to the public of its intent to obtain or use new surveillance technology. If the Mayor or Common Council leadership request that a Department notify residents, the Department will work with IT to create a process for residents to submit feedback and comments. The Department will hold a public meeting if requested by the Mayor or Common Council Leadership.
Moving Camera Location
If a Department needs to move a camera location on the City-wide enterprise camera system, or activates new functions not previously approved, or adds a new camera of a previously-approved type,, the Department will notify the Mayor and Common Council Leadership and the Alder of the district of the camera location. The Mayor, Common Council Leadership, or Alders will coordinate with the department to notify the residents and create a variety of notification and outreach mechanisms to submit feedback and comments. The Department will hold a public meeting if requested by the Mayor, Common Council Leadership, or the Alder of the district where the camera is located.
Annual Review and Reports
(a) Each Department will conduct an annual review of its Surveillance Technology and ensure compliance with this ordinance.
(b) Each Department will complete an Annual Surveillance Technology Report which willbe submitted to the Common Council through a resolution. The Annual Surveillance Technology Report will include:
-
- An inventory of current Surveillance Technology and the applicable policies;
- How the Department has used the data collected by its SurveillanceTechnology;
- How any Surveillance Data is being shared with other entities;
- How well Surveillance Data management protocols are safeguardingindividual information; and
- Whether the Department has received any complaints or concerns about its Surveillance Technology use and the resolution of said complaints.
(c) The Common Council shall review and take action on the resolution accompanying the Annual Surveillance Technology Report.
Exemptions from this policy
- Federal Property Disposition Programs. If the Surveillance Technology is available through federal property disposition programs and/or the purchase or acquisition decision must be executed quickly, such acquisition may be made. However, if the Surveillance Technology is obtained under this subdivision, the Department must apply for approval as described in subsection (4) within fourteen (14) days and before installation or use of said equipment.
- Emergency Situations. In the event of an emergency, that poses an imminent and serious risk of death or substantial bodily harm, a Department may acquire Surveillance Technology without prior Common Council approval, for the sole purpose of preventing or mitigating such risk, if the Department reasonably believes the acquisition of such Surveillance Technology will result in reduction of said risk. The Department’s use of the Surveillance Technology must cease when such risk no longer exists or the use of the Surveillance Technology can no longer reasonably reduce the risk. The Department shall apply for approval of the Surveillance Technology per subsection (4) of this ordinance within fourteen (14) days of cessation of the risk that prompted purchase of said technology. The use of the Surveillance Technology must be documented in the Department’s Annual Surveillance Technology Report.
- Technical Patch or Upgrade. A Department, in consultation with the City Information Technology Department without approval, may apply a technical patch or upgrade that is necessary to mitigate threats to the City’s infrastructure, even if the patch or upgrade materially alters the surveillance capabilities of the technology. However, such patch or upgrade, if it does materially alter the surveillance capability of the technology, must be highlighted in the Annual Surveillance Technology Report.
- Sensitive Surveillance Technology Information. Sensitive Surveillance Technology Information is exempt from the requirements in the Ordinance. Departments will provide the basis for exemption to the Information Technology Director. The Information Technology Director will notify the Mayor and Common Council Leadership of the exemption for mayoral approval.
“Sensitive Surveillance Technology Information” means any information about Surveillance Technology of which public disclosure would unreasonably expose or endanger City infrastructure; would adversely impact operations of City agencies; or may not be legally disclosed.
AGENCY FEEDBACK ON ORDINANCE
At their last meeting they handed out the agency feedback and the agencies were all there to speak to the ordinance draft. There was a handout with the summary of their feedback, but it wasn’t attached to legistar. The actually took a pause for the committee members to read the feedback because they hadn’t been provided it in advance.
Fire department wants their tunnel cameras for heavy urban rescue team for building collapses. The video is sent to the command post, they use it for training or live purposes. Sonar is used for lake rescues, they can capture video and pictures, could also be captured for law enforcement or training purposes. HASMAT also has equipment they use to take photos for people who are not in the hazardous areas and they are looking at a tethered drone to check how a wall is holding up during a fire. Are those ok to use for training and are they covered under emergency use? Rebecca Kemble says those are not intended to be included because they do not capture data on an on-going basis. Attorney says that this should be created as another exemption. They struggle with the language to include search and rescue, building integrity and chemical spills.
Metro had concerns about riders swiping cards to ride the bus. They are fine with it being exempted as long as there is no personally identifiable information.
Traffic engineering is concerned about traffic control cameras to determine if a signal is needed or needing to be changed. The cameras are used to monitor traffic counts, turning patterns, etc. They think it is exempt because it doesn’t fit the definition of surveillance.
Engineering is concerned about city vehicles have GPS and surveying and mapping equipment. The committee says those items are already exempt. They are also concerned about aerial photography that they hire out. They say its not included because there is no personally identifiable information.
Police department is worried about when they have to notify about moving a camera. There is confusion about what the concern is. They have to notify when they move cameras that are not on the city system, are they included. They don’t seem to understand Chief Wahl’s concern.
They also determined that the rest of the concerns were already exempted.
The only change they make is for the Fire Department.
PROPOSED APM
This draft is from July and appears to be much of what is in the ordinance, so I’m a little unclear where they are at on this. I believe they put everything in the ordinance and as the report says below, they will continue to work on it outside of this committee.
FINAL DRAFT OF REPORT- DECEMBER 10th
This draft is marked “Draft not for circulation”, and dated December 10, 2019. It’s marked 12/13/19 v2 Final Report.
Recommendations
The President’s Work Group to Develop City-Wide Surveillance Equipment and Data Management Policies (Surveillance Work Group) collaborated with City staff to develop a citywide policy on the acquisition of surveillance technology in the form of a proposed ordinance. The Work Group makes the following recommendations:
-
-
- That the Common Council approve the proposed ordinance on surveillance technology
- That the Common Council Executive Committee (CCEC), in consultation with the Mayor, further develop the approval processes referred to in the proposed ordinance
- That the CCEC and the Mayor review the Madison Police Department resident camera registration program with a view towards increasing transparency for the general public
- That city staff to continue working with the Mayor to develop a corresponding APM so that City agencies have clear direction on how to comply with the ordinance
-
Findings of Work Group after Inventory and Department Presentations
The Work Group found a lack of uniformity of practices and policies across departments regarding the purchase and use of surveillance technology. Currently, there is spotty oversight of what was purchased or how it is being used. There are currently no generally utilized training protocols for safeguarding the privacy of the general public against misuse of surveillance technology, and there are unclear and uneven accountability measures in the event of such misuse by a city employee. These findings reinforced the need to develop a comprehensive policy that applies to all city agencies in a uniform manner.
In the interest of transparency, the Work Group recommends that, with a few exceptions, surveillance technology purchased by City of Madison agencies be approved by the Common Council through public processes. Some of the details of those processes still need to be worked out, so the Work Group recommends that the CCEC work in consultation with the Mayor to finalize them as soon as possible.
The Work Group also recommends that the CCEC and the Mayor review the Madison Police Department’s resident camera registration program. As the Work Group discussed the issue of posting notice to the general public about the presence of surveillance cameras, the topic of this program arose. The issue of whether information about the location of residents’ cameras that have been registered with MPD to support its surveillance and crime investigation activities should be made public was not settled by the Work Group, but the Work Group agrees this is an issue of concern that should be taken up by the CCEC.
There is more in the report, but its also still work in progress. At their last meeting they talked about adding something about consistency in signs that are required for notice. They say they will approve the report at the next meeting.
WHAT DOES THE CITY CURRENTLY HAVE FOR EQUIPMENT?
Here is a chart from the January 25th 2019 meeting.
The following departments have cameras
- Police (General, UAS, Body Cameras, Digital Forensics, In-Car Video)
- IT
- Mayor’s office
- Monona Terrace
- Parking Utility
- Water Utility
- Finance
- Treasurer’s Office
- Metro Transit
- Streets
- Library
- Traffic Engineering
- CDA
- Fire Department
The chart includes information about the purpose, why it is needed, who has access, what is recorded, where the equipment is located, location of the public notice, how long the data is retained and more.
MORE INFORMATION
These are the policies that were in place in October 2018
FinanceDepartmentVideoSurveillancePolicy.pdf
GeneralCitySurveillanceCameraPolicy3-17.pdf
ITCameraPolicy.pdf
MayorsOfficeCameraPolicy.pdf
MononaTerraceCCTVbuildingPolicy.pdf
MPDDigitalForensicsPolicy.pdf
MPDInCarVideoPolicy.pdf
MPDSWATAudioVideoPolicy.pdf
MPDSWATBodyWornCamerasPolicy.pdf
MPDUnmannedAircraftSystemsPolicy.pdf
MPDVideoAudioSurveillancePolicy.pdf
ParkingUtilityCameraPolicy.pdf
WaterUtilityCameraPolicy .pdf
Ordinance 49284_Operating security camerasat convenience stores.pdf
Other city’s policies
Here’s information about other city’s policies.
Agency Survey information
Surveillance Survey Responses Part 2 7_3_2018.pdf
Surveillance Survey Responses Part 1 7_3_18.pdf
Surveillance Tech Survey.pptx
Surveillance Tech Survey PART 2.pptx
WHAT’S NEXT?
One. more. meeting. Even they laughed when they said it and said “good luck getting us all together”, so . . . one more meeting.
They should have the draft of the ordinance from the city attorney, in the city attorney approved format, and they will finalize their report. Then it will go to council and get referred to many committees. They want the ordinance in place by the next budget process.
