Chapter 2.56
PUBLIC SAFETY INFORMATION
Sections:
2.56.030 Automated license plate reader data use.
2.56.040 Prohibited use of automated license plate reader and data.
2.56.050 Automated license plate reader auditing and reporting.
2.56.060 Public safety camera system data use.
2.56.070 Prohibited use of public safety camera system and data.
2.56.080 Public safety camera system auditing and reporting.
2.56.090 Adoption of department policies.
2.56.010 Purpose.
The purpose of this chapter is to provide for the proper use of data and recordings gathered by the city through the use of automated license readers and the public safety camera system. (Ord. 1007 § 2 (part), 2014).
2.56.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
(1) "Automated license plate reader" or "ALPR" means technology, also known as license plate recognition, which provides automated detection of license plates.
(2) "Data" means information gathered by the automated license plate reader in the form of license plates and metadata (location and time license plate was viewed).
(3) "Public safety camera system" means cameras that record images only and not sound and that are placed in strategic fixed locations within the city at the direction of the chief of police and with the approval of the city council for the purpose of detecting and deterring crime, to help emergency services personnel maintain public order, to help manage emergency response situations during natural and manmade disasters, to monitor pedestrian and vehicle traffic activity, to assist in the preparation of traffic reports, and to assist city officials in prosecuting and/or defending civil or administrative actions.
(4) "Recordings" means the recorded images, without sound, recorded by the public safety camera system. (Ord. 1007 § 2 (part), 2014).
2.56.030 Automated license plate reader data use.
(a) Data will be securely transmitted to the Northern California Regional Intelligence Center ("NCRIC") as part of a multi-jurisdictional public safety program created to assist local, state, federal and tribal public safety agencies and critical infrastructure locations with the collection, analysis, and dissemination of criminal threat information, provided NCRIC has executed an agreement with the city agreeing to comply with the retention/destruction provisions set forth in this section.
(b) Data transmitted to NCRIC from the police department shall be kept no more than six (6) months, and then destroyed, unless retention of specific identified license plate data is necessary for an active criminal case or pursuant to a valid court order.
(c) Data may only be accessed by law enforcement personnel who are approved to access the data and who have undergone required NCRIC training for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department-related civil or administrative action.
(d) Data may be accessed by other NCRIC agencies that have executed a memorandum of understanding with NCRIC, but only for legitimate law enforcement purposes and by authorized/trained personnel and only in compliance with all policies, procedures and reporting requirements of NCRIC.
(e) Data may be released to other non-NCRIC authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes, with approval of the chief of police or police commander, provided any such official and/or agency has executed an agreement with the city agreeing to comply with the terms and provisions of Sections 2.56.030 and 2.56.040.
(f) All data and images gathered are for official use of the police department and because such data may contain confidential California Law Enforcement Telecommunications Systems ("CLETS") information, it is not open to public view or inspection. (Ord. 1007 § 2 (part), 2014).
2.56.040 Prohibited use of automated license plate reader and data.
(a) ALPR shall not be used to invade the privacy of individuals, to look into private areas or areas where the reasonable expectation of privacy exists, nor shall they be used to harass, intimidate or discriminate against any individual or group, nor for any purpose not specifically authorized by this chapter.
(b) Unauthorized access, possession or release of data is a violation of police department policy and various federal and state criminal statutes. Any employee, who accesses, possesses or releases data, from the ALPR database without authorization or in violation of this chapter and such additional policies established by the police department, may face department discipline up to and including termination, criminal prosecution and/or civil liability. (Ord. 1007 § 2 (part), 2014).
2.56.050 Automated license plate reader auditing and reporting.
(a) NCRIC will give a quarterly report to the police department which shall indicate the number of license plates captured by the ALPR in the city of Menlo Park, how many of those license plates were "hits" (on an active wanted list), the number of inquiries made by Menlo Park personnel along with the justifications for those inquiries, and information on any data retained beyond six (6) months and the reasons for such retention in compliance with Section 2.56.030(b).
(b) Following receipt of the NCRIC report described in subsection (a) of this section, the police department shall provide an information report to the city council.
(c) ALPR system audits will be randomly conducted by the California Department of Justice and in conjunction with yearly CLETS audits. (Ord. 1007 § 2 (part), 2014).
2.56.060 Public safety camera system data use.
(a) Public safety camera recordings may only be used for the purpose of criminal investigations, detecting and deterring crime, to help emergency services personnel maintain public order, to help manage emergency response situations during natural and manmade disasters, to monitor pedestrian and vehicle traffic activity, to assist in the preparation of traffic accident reports, and to assist city officials in prosecuting and/or defending civil or administrative actions.
(b) Recordings will be made in a professional, ethical and legal manner.
(c) All recordings will be stored by the police department in a secure area with access restricted to authorized persons, and shall not be accessible by third parties without express permission.
(d) Recordings not otherwise needed for reasons in subsection (a) of this section shall be retained for a period of up to ninety (90) days and then erased or recorded over as limited by the storage capacity of the cameras.
(e) Any recordings needed as evidence in a criminal or civil case proceeding or for another reason specified in subsection (a) of this section shall be collected and booked in accordance with current police department evidence procedures.
(f) Recordings may only be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes as specified in subsection (a) of this section with approval of the chief of police or police commander, provided such official or agency executes an agreement with the city agreeing to comply with the terms and provisions of Sections 2.56.060 and 2.56.070, or with a valid court order.
(g) Except as required by a valid court order or other lawful process, recordings do not constitute public records and will not be disclosed to the public.
(h) Facial recognition and cognitive security software may only be used to review recordings from the public safety camera system with the approval of the chief of police or police commander in specific criminal investigations or specific threats to public safety. (Ord. 1007 § 2 (part), 2014).
2.56.070 Prohibited use of public safety camera system and data.
The public safety camera system will not be used to invade the privacy of individuals, to look into private areas or areas where the reasonable expectation of privacy exists. The public safety camera system shall not be used to harass, intimidate or discriminate against any individual or group, nor for any purpose not authorized by this chapter. (Ord. 1007 § 2 (part), 2014).
2.56.080 Public safety camera system auditing and reporting.
The chief of police or his/her designee will conduct an annual review of the public safety camera system, its use, effectiveness and adherence to policy, including frequency and purpose for use of facial recognition or cognitive security software and frequency and purpose for retention of recordings beyond ninety (90) days, and will provide an annual information report to the city council regarding such review. (Ord. 1007 § 2 (part), 2014).
2.56.090 Adoption of department policies.
The police department is directed to adopt policies to be included in its policy manual consistent with the provisions of this chapter, which policies may be more restrictive, but not less restrictive, than the policies set forth in this chapter. (Ord. 1007 § 2 (part), 2014).