Tonight the Public Safety Review Committee is looking at the Surveillance report and ordinance that a President’s Workgroup worked on for the last 2+. Changes are a comin!
This is deja vu for me. When I was an alder, I had a president’s work group that did the same thing. With less success. We didn’t get much support and the departments eventually ignored work and didn’t file their reports with the clerk or filed reports that were useless. Now, anther group of alders has another round of suggestions, but the number of cameras and affected surveillance equipment gone from 100s to 1000s of cameras and equipment. I hope this works this time!
I wrote about this in December, before the report was final.
WHAT WAS THE COMMITTEE CHARGED WITH DOING?
The original resolution was passed in December 2017. It charged the committee with the following:
NOW THEREFORE IT BE RESOLVED, that the Common Council of the City of Madison establish a President’s Work Group to develop a policy governing the purchase and use of all surveillance equipment employed by all City agencies and the surveillance policy will address data management and storage; and,
BE IT FURTHER RESOLVED, the Work Group will be staffed by Common Council staff and will seek expert opinions from a variety of departments; and,
BE IT FURTHER RESOLVED, that the Work Group will use a racial equity and social justice lens throughout its work and may access training to apply the City of Madison Racial Equity and Social Justice Impact Tool; and,
BE IT FURTHER RESOLVED, that the Work Group will begin work upon adoption of this resolution with a goal of completing the surveillance policy by June 2018; and,
BE IT FURTHER RESOLVED, that the Common Council will develop this policy in consultation with City of Madison staff and officials, including but not limited to Information Technology, the City Attorney and all Departments or Divisions that currently use or plan to utilize any kind of surveillance equipment; and,
BE IT FINALLY RESOLVED, that the policy will include an inventory of all City of Madison surveillance equipment as of December 2017 and the surveillance equipment inventory will be updated annually thereafter.
REPORT – HOW’D WE GET TO THE ORDINANCE BELOW?
The report is only 6 pages and a quick read but . . . there are over 100 pages of attachments!
OVERVIEW OF ACTIVITIES
The Work Group met 22 times of the course of approximately 24 months from January 2018 through January 2020. Over the course of their meetings, they reviewed other cities’ surveillance policies, surveyed and compiled an inventory of City agencies’ surveillance technology and policies, heard presentations from several City agencies, and created a proposed surveillance technology acquisition and use ordinance.
The Work Group created a survey to collect information about City agencies’ surveillance technology and distributed it to all of the City departments and divisions for completion. The 27-question survey (attached) covered a broad list of topics, including the types, amount, locations, and policies regulating City agencies’ use of surveillance technology.
FINDINGS
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.
SUMMARY OF 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; and
- That the Common Council seek a more precise definition of “active investigation” as used by MPD under section 2(15) of the proposed ordinance.
WHAT DEPARTMENTS ARE USING SURVEILLANCE EQUIPMENT AND FOR WHAT?
There is 103 pages in the appendix which no one will read, except a dedicated few. These surveys were filled out in 2018. I tried looking at them, but the answers were somewhat unsatisfying and incomplete.
There is a 4 page summary after the 103 pages that is a little easier to read. You’ll see it because it has bright green headings. It indicates the following departments use surveillance, what is used, where its used and how long it is kept and who has access:
- Madison Police Department
- General – Video – public areas in MPD facilities – kept for 14 days – all commissioned members of MPD
- UAS – Video – Aerial/mobile – kept for 180 days – UAS program coordinator
- Body Cameras – Video and Audio – Worn by officers – kept for 180 days – SWAT officers and supervisors
- Digital Forensics – Digital Data – Whenever crimes with digital devices are committed – Kept for unknown period of time – MPD Officers. No specificity of rank.
- In-car Video – Video – In MPD vehicles – Retrieved after every shift and stored on server – All officers operating MPD cars with cameras
- IT – Video – At data centers – kept for 7 years according to open records statutes – IT management staff and network operations staff.
- Mayor’s Office – Video – mounted in the reception area – kept for 90 days minimum – Mayor office clerks and MPD
- Monona Terrace – Video – in and around Monona Terrace – kept for unknown amount of time – Identified trained and experienced personnel and MPD when requested
- Parking Utility – Video – Payment machines, entrances and exits, Some portable cameras to identify problem behavior – Kept for unknown amount of time – Approved Parking Utility Staff, a witness to confirm identification, MPD
- Water Utility – Video – 35 remote facilitties, admin building, maintenance and storage facilities – no info on how long it is kept – Water Utility managers and pump operators, MPD upon request
- Finance – Video – outside rooms 406 and 416 CCB – kept for 90 days minimum – Any staff working the front desk have access – MPD upon request
- Treasurer’s Office – Video, no audio – 8 cameras inside and lobby area – determined by IT how long they keep it – City Treasurer has access, IT and MPD as needed
- Metro Transit – Video and some audio – Busses, facilities, transfer points – kept for varying lengths of time – Specific supervisors and managers have access plus MPD and school district have access
- Streets – Video – facilities – kept for 15 minutes on camera, Supt. and Assist. Supt have access to back several months – MPD as needed
- Library – Video only, but have sound capability – Central Library, Goodman South, Meadowridge – kept for unknown length of time – Accessed by Branch Supervisors, Library Security, Staff at Central Library, IT, MPD only as needed
- Traffic Engineering – Video – on traffic signal and street light poles – accessed by Traffic Signal and Operations Engineers, Traffic Engineer, Assistant Traffic Engineer, City Engineering and MPD
- CDA – Video – Public Housing sites – kept for unknown amount of time – Housing Site managers, 3rd party security company, Wisconsin Security Services, MPD as needed
- Fire Department – Video – 13 fire stations, 1 dash camera in command vehicle – kept for several months – Accessed by 11 command staff, MFD IT, MPD have access as needed.
Of course, this list isn’t complete, off the top of my head:
- Parks has video for wildlife
- Fire has video for search and rescue operations
- I believe other departments have drones (water utility, engineering, etc)
ORDINANCE
Here is what will now be required:
Approval of all purchases
(4) Approval Process. Within ninety (90) days of adoption of this ordinance, all Departments must comply with this section prior to any use of new Surveillance Technology or any substantial change of use of existing Surveillance Technology.
(a) All Department requests to purchase, acquire or contract for the use of new Surveillance Technology or substantially change the use of existing Surveillance 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:
1. The circumstances which necessitate the use of the Surveillance Technology;
2. The training protocols on Surveillance Technology use, including access to data and images, the Department will utilize;
3. The staff position responsible for the account management and administration of the Surveillance Technology;
4. The staff position responsible for receiving complaints regarding the Department’s use of Surveillance Technology;
5. The process for determining staff roles and access to Surveillance Technology;
6. The process to ensure access to Surveillance Technology is revoked when the employee no longer has a job related need to said access;
7. The personnel responsible for training staff and reviewing staff access and use of the Surveillance Technology;
8. 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;
9. The time period that recorded audio and video will be retained, in accordance with the Department’s record retention policy;
10. 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
11. Procedures for ensuring that records are not destroyed during the pendency of any public records request, investigation or civil or criminal litigation.
(b) The Department’s request for Surveillance Technology will be approved only upon the determination that the benefits to the community members and residents of the City outweigh the potential privacy interests and that, in the judgment of the Common Council, there is not an effective alternative with a lesser impact upon privacy interests nor is there an alternative with equivalent impact on privacy interests but with a lesser economic cost.
(c) 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.
(d) 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(s) of the affected district(s). The Mayor, Common Council Leadership, or Alder(s) of the affected district(s) will coordinate with the Department to notify the residents, including creating a variety of notification and outreach mechanisms for residents 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.
Reporting
(5) Reporting Process.
(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 will be submitted to the Common Council through a resolution. The Annual Surveillance Technology Report will include:
1. An inventory of current Surveillance Technology and the applicable policies;
2. How the Department has used the data collected by its Surveillance Technology;
3. How any Surveillance Data is being shared with other entities;
4. How well Surveillance Data management protocols are safeguarding individual information; and
5 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.
Definition of Surveillance Technology
“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. Surveillance Technology does not include the following devices:
1. Office hardware, such as televisions, computers, credit card machines, copy machines, telephones and printers;
2. Audio/video teleconference systems;
3. City databases and enterprise systems that contain information, including, but not limited to, human resource, permit, license and business records;
4. 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;
5. Information technology security systems, including firewalls and other cybersecurity systems;
6. 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;
7. Physical access control systems, employee identification management systems, and other physical control systems;
8. Infrastructure and mechanical control systems, including those that control or manage street lights, traffic lights, or water or sewer functions;
9. 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;
10. 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;
11. 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;
12. 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;
13. 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;
14. Parking Ticket Devices;
15. Equipment used on a temporary basis during active investigations and in accordance with City policies;
16. Cameras intended to record activities at City facilities in nonpublic areas;
17. Police Department interview rooms, holding cells, and Police Department internal security audio/video recording systems;
18. Police Department records/case management systems, digital fingerprinting systems, Computer Aided Dispatch (CAD); and
19. Fire Department equipment and technology used for Emergency Medical Services, Hazardous Material, Lake Rescue and Heavy Urban Rescue, such as tunneling cameras, sonar, and thermal imagining.
Exceptions
(6) Exceptions. This ordinance does not apply to the following:
(a) 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 thirty (30) days and before installation or use of said equipment.
(b) 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 thirty (30) 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.
(c) Technical Patch or Upgrade. A Department, in consultation with the City Information Technology Department, 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, if such patch or upgrade does materially alter the surveillance capability of the technology, it must be highlighted in the Annual Surveillance Technology Report.
(d) 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.”
WHAT’S NEXT?
The report has been referred to Finance Committee, Public Safety Review Committee, Equal Opportunities and Digital Technology Committee and there are follow up items that are recommended in the report. Check their agendas to follow along. The report also recommends follow up by the Mayor and Common Council Executive Committee on various issues. So, stay tuned!
