Chapter 11.94
PUBLIC SAFETY TECHNOLOGY
Sections:
Article I. General Provisions
11.94.010 Definitions.
11.94.020 Violations.
Article II. Facial Recognition Technology
11.94.050 Facial recognition technology—Purpose.
11.94.060 Facial recognition technology prohibited.
11.94.070 Exceptions.
Article III. Body Worn Cameras
11.94.100 Body worn cameras authorized.
11.94.110 Body worn cameras policy.
11.94.120 Security of body worn camera data.
11.94.130 Civilian review of body worn camera recordings.
Article I. General Provisions
11.94.010 Definitions.
For purposes of this chapter, the following definitions apply:
“Body worn camera” or “BWC” means a small system that includes, at minimum, a camera, microphone, and recording device that captures audio and video signals and that is specifically designed to be worn on a person.
“Facial recognition” means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of their face.
“Facial recognition technology” means any computer software or application that performs facial recognition. (Ord. 4796 § 2, 2022)
11.94.020 Violations.
Violation of this chapter shall not be punishable under Section 11.04.010(m) unless expressly provided within a section. Instead, any city employee who violates a provision of this chapter may be subject to discipline in accordance with the city’s disciplinary policies and procedures and applicable collective bargaining agreements. (Ord. 4796 § 3, 2022)
Article II. Facial Recognition Technology
11.94.050 Facial recognition technology—Purpose.
Facial recognition technology is increasingly prevalent, even on personal devices, and facial recognition systems are being developed for many public and private sector uses. Deployment of facial recognition technology presents ethical implications and can have broad social consequences, with concerns around the technology’s accuracy, potential for infringement on democratic freedoms, and potentially discriminatory impact. The purpose of this restriction on facial recognition technology is to protect the privacy and civil liberties of residents and visitors of the city of Kirkland. (Ord. 4796 § 4, 2022)
11.94.060 Facial recognition technology prohibited.
The city of Kirkland and any official or employee of the city shall not obtain, retain, possess, access, or use any facial recognition technology or enter into any agreement that authorizes any third party, on behalf of the city, to obtain, retain, possess, access, or use any facial recognition technology. (Ord. 4796 § 5, 2022)
11.94.070 Exceptions.
Nothing in Section 11.94.060 shall be construed to prohibit the city or city officials and employees from:
(1) Using an automated or semiautomated process for the purpose of redacting a recording for release or disclosure to protect the privacy of a subject depicted in the recording or to otherwise comply with Chapter 42.56 RCW, provided the process does not generate or result in the retention of facial recognition information.
(2) Using facial recognition or similar biometric technique on privately owned consumer devices for personal use or security.
(3) Using facial recognition or similar biometric technique in managing secure entry or access to restricted buildings, rooms, or other secure spaces, devices, or things; provided, that:
(A) Any physical biometric identifiers derived from such a system are obtained, retained, stored, possessed, accessed, used, or collected only with the knowledge and consent of any person authorized for such entry or access and only for purposes arising from or related to such entry or access; and
(B) Any physical biometric identifiers derived from such a system about any persons who have not consented may be collected, captured, or stored for security purposes consistent with Chapter 19.375 RCW but only for purposes arising from or related to managing secure entry or access.
(4) Using software, applications, or systems that incorporate aspects of facial recognition technology but only if such use of the software, applications, or systems by the city or by city officials and employees does not include any affirmative or intentional use of facial recognition technology or facial recognition information. (Ord. 4796 § 6, 2022)
Article III. Body Worn Cameras
11.94.100 Body worn cameras authorized.
(a) Law enforcement officers of the city of Kirkland and persons commissioned by the Kirkland police department are authorized to use department-issued body worn cameras (BWCs), provided such use is consistent with any collective bargaining agreements, Kirkland police department policy, this chapter, Chapter 10.109 RCW, and any other applicable state or federal laws. The use of non-department-issued BWCs while on duty is prohibited.
(b) The city manager is authorized and directed to oversee this BWC program in accordance with the city manager’s general authority under RCW 35A.13.080.
(c) The Kirkland police department must ensure that personnel assigned a BWC are properly trained in the use and deployment of BWCs. This training must include instruction on mandatory, permissible, and prohibited uses of BWCs; appropriate management of BWC recordings and data; and instruction to ensure proper placement of BWCs on officer uniforms.
(d) This chapter does not apply to any devices when used to intercept conversations for lawfully authorized investigative purposes under RCW 9.73.210 and 9.73.230. (Ord. 4796 § 7, 2022)
11.94.110 Body worn cameras policy.
The Kirkland police department must adopt a BWC policy consistent with this chapter and with Chapter 10.109 RCW. In addition to the policy elements required by RCW 10.109.010, the policy must:
(1) Incorporate and implement evolving best practices in data and privacy security in order to protect recordings and associated data.
(2) Require that officers comply with applicable state and federal laws in the use and operation of BWCs and recordings, and ensure appropriate coaching and/or discipline when officers fail to follow BWC procedures or otherwise improperly use BWCs or recordings.
(3) Incorporate adequate protections for privacy and civil liberties, including restrictions on recording in medical facilities, in schools, and during First Amendment gatherings and providing appropriate discretion to limit recording during situations that present sensitive matters, such as rape, sexual abuse, or nudity.
(4) Ensure any recordings that unreasonably violate a person’s privacy or sense of dignity not be publicly released, absent appropriate redaction, unless disclosure is required by law or order of the court. (Ord. 4796 § 8, 2022)
11.94.120 Security of body worn camera data.
(a) To protect the integrity of the BWC recording and the privacy of recorded individuals, the department shall ensure that BWC recordings and associated data are protected from unauthorized access, disclosure, or use. The viewing of recordings is restricted for official use only.
(b) The Kirkland police department must utilize a digital evidence storage software system for digital evidence, including BWC recordings, that uses secured cloud or off-site storage. The selected software system must employ a robust security platform that ensures the following:
(1) To prevent inadvertent or intentional deletion or modification, the software system must maintain all original recordings or raw footage regardless of whether redactions or edits are made to a copy of the recording.
(2) Employees must not be able to alter, edit, or delete any recording except as authorized by department policy.
(3) An electronic log or audit trail must be created any time a recording is accessed, viewed, transmitted, redacted, shared, or deleted. The log must include the date, time, and reviewer.
(4) Even after a recording is deleted, due to Washington State records retention requirements or as otherwise allowed by this policy, the audit trail must be retained.
(c) Nothing in this section is intended to restrict or prevent the release of BWC recordings as public records, consistent with Chapter 42.56 RCW. (Ord. 4796 § 9, 2022)
11.94.130 Civilian review of body worn camera recordings.
(a) The city manager or his or her authorized designee(s), including, but not limited to, the city ombudsman, the city attorney’s office, the city clerk’s office, and civilian investigators or advisory bodies authorized by the city, may conduct a review of body worn camera recordings when there is an articulable reason justifying such review. Articulable reasons for such review include, but are not limited to:
(1) When a civil claim has been filed or threatened against the city involving a specific incident.
(2) When a complaint has been made against an employee regarding a specific incident.
(3) When an incident involves a serious injury or death as a result of use of force, a vehicular pursuit, or a vehicular collision.
(4) As part of any general auditing function directed by the city manager that ensures compliance with this chapter or department policy, provided such audit is consistent with applicable law and collective bargaining agreements.
(5) In connection with any incident that garners media or community interest.
(b) The city manager shall designate a civilian employee in the city attorney’s office to have access to the digital evidence storage software system independent from the department. The civilian employee must have appropriate training and certifications to access the digital evidence storage software system and to handle potential evidence, such that any applicable state, federal, and department security requirements are met. The city manager shall develop and implement the process by which BWC footage or related data is reviewed or accessed by those authorized in this section.
(c) This section is not a substitution for any other civilian oversight mechanisms or processes available under other law and shall not be construed to limit or restrict such other mechanisms or processes. (Ord. 4796 § 10, 2022)