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HomeMy WebLinkAboutCity of San Diego - Privacy Advisory Board Ordinance 2022(O-2021-67) COR. COPY -PAGE 1 OF 7- ORDINANCE NUMBER O-__________________ (NEW SERIES) DATE OF FINAL PASSAGE __________________ AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6, DIVISION 00 OF THE SAN DIEGO MUNICIPAL CODE BY ADDING NEW SECTIONS 26.42 AND 26.43, ALL RELATING TO ESTABLISHING THE PRIVACY ADVISORY BOARD. WHEREAS, the San Diego City Council (City Council) finds that the use of surveillance technology is important to protect public health and safety, but such use must be appropriately monitored and regulated to protect the privacy and other rights of San Diego residents and visitors; and WHEREAS, the Council proposes to create a new Charter section 43(a) citizen advisory board known as the Privacy Advisory Board to advise the Mayor and City Council on transparency, accountability, and public deliberation in the City’s acquisition and usage of surveillance technology; and WHEREAS, the use of open data associated with surveillance technology offers benefits to the City, but those benefits must also be weighed against the costs; and WHEREAS, while the City Council acknowledges an individuals’ right to privacy, it also recognizes that surveillance technology may be a valuable tool to support community safety, investigations, and prosecution of crimes; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information, but also may include technology that aggregates publicly available information, which, in the aggregate or when pieced together with other information, has the potential to reveal details about a person’s familial, political, professional, religious, or intimate associations; and (O-2021-67) COR. COPY -PAGE 2 OF 7- WHEREAS, awareness that the government may be watching may chill associational and expressive freedoms; and WHEREAS, the City Council recognizes that data from surveillance technology can be used to intimidate and oppress certain groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective; and WHEREAS, the City Council finds that safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before City surveillance technology is deployed; and WHEREAS, the City Council finds that decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input; and WHEREAS, the City Council recognizes that prior to making a final determination on whether to approve the proposed ordinance creating the Privacy Advisory Board, the City must comply with the Meyers-Milias Brown Act (MMBA), California’s collective bargaining law set forth at California Government Code sections 3500 through 3511, which is binding on the City; and WHEREAS, the City Council also recognizes that depending on the outcome of the meet- and-confer process and the extent of any revisions to the proposed ordinance creating the Privacy Advisory Board resulting from that process, the City may be required to reintroduce the Proposed Surveillance Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of San Diego, as follows: Section 1. Chapter 2, Article 6, Division 00 of the San Diego Municipal Code is amended by adding new sections 26.42 and 26.43 to read as follows: (O-2021-67) COR. COPY -PAGE 3 OF 7- §26.42 Privacy Advisory Board (a) Purpose and Intent It is the purpose and intent of the Council to establish a Privacy Advisory Board to serve as an advisory body to the Mayor and Council on policies and issues related to privacy and surveillance. The Board will provide advice intended to ensure transparency, accountability, and public deliberation in the City’s acquisition and use of surveillance technology. (b) There is hereby established a Privacy Advisory Board to consist of nine members, who shall serve without compensation. At least six members shall be residents of the City of San Diego. Members shall be appointed by the Mayor and confirmed by the Council. (c) All terms appearing in italics in sections 26.42 and 26.43 have the same meaning as in Chapter 5, Article 11, Division, section 511.0101, known as the San Diego Transparent and Responsible Use of Surveillance Ordinance. (d) Qualifications of Members (1) All members of the Privacy Advisory Board shall be persons who have a demonstrated interest in privacy rights through work experience, civic participation, and/or political advocacy. (2) The Mayor shall appoint the nine members from the following representative areas of organizational interest, expertise, and background: (A) At least one attorney or legal scholar with expertise in privacy or civil rights, or a representative of an organization with expertise in privacy or civil rights; (O-2021-67) COR. COPY -PAGE 4 OF 7- (B) One auditor or certified public accountant; (C) One computer hardware, software, or encryption security professional; (D) One member of an organization that focuses on open government and transparency or an individual, such as a university researcher, with experience working on open government and transparency; and (E) At least four members from equity-focused organizations serving or protecting the rights of communities and groups historically subject to disproportionate surveillance, including communities of color, immigrant communities, religious minorities, and groups concerned with privacy and protest. (3) No member may have a state law prohibited financial interest, employment, or policy-making position in any commercial or for profit facility, research center, or other organization that sells data products, surveillance equipment, or otherwise profits from recommendations made by the Privacy Advisory Board. (e) Terms (1) Members shall serve two-year terms, and each member shall serve until a successor is duly appointed and confirmed. Members are limited to a maximum of eight consecutive years. (2) Initial members shall be appointed in staggered terms. For the initial appointments, five members shall be appointed to an initial (O-2021-67) COR. COPY -PAGE 5 OF 7- term that will expire in 2021, and four members shall be appointed to an initial term that will expire in 2022. Initial appointments for less than the full term of two years shall not have the initial term count for purposes of the eight-year term limit. (3) All terms shall expire on March 15 in the year of termination. Any vacancy shall be filled for the remainder of the unexpired term. (f) Rules (1) The Board shall adopt rules for the government of its business and procedures in compliance with the law. The Board rules shall provide that a quorum of the Privacy Advisory Board is five members. (2) At the first regular meeting, and subsequently at the first regular meeting of each year, members of the Privacy Advisory Board shall select a chairperson and a vice chairperson. §26.43 Privacy Advisory Board – Duties and Functions The Privacy Advisory Board shall: (a)Provide advice and technical assistance to the City on best practices to protect resident and visitor privacy rights in connection with the City's acquisition and use of surveillance technology. (b)Conduct meetings and use other public forums to collect and receive public input on the above subject matter. (c)Review Surveillance Impact Reports and Surveillance Use Policies for all new and existing surveillance technology and make recommendations prior (O-2021-67) COR. COPY -PAGE 6 OF 7- to the City seeking solicitation of funds and proposals for surveillance technology. (d)Submit annual reports and recommendations to the City Council regarding: (1) The City's use of surveillance technology; and (2) Whether new City surveillance technology privacy and data retention policies should be developed, or existing policies should be amended. (e)Provide analysis to the City Council of pending federal, state, and local legislation relevant to the City's purchase and/or use of surveillance technology. (f)The Privacy Advisory Board shall make reports, findings, and recommendations either to the City Manager or the City Council, as appropriate. The Board shall present an annual written report to the City Council. The Board may submit recommendations to the City Council following submission to the City Manager. Section 2. That a full reading of this Ordinance is dispensed with prior to passage, a written copy having been made available to the Council and the public prior to the day of its passage. Section 3. That this ordinance shall take effect and be in force on the thirtieth day from and after its final passage. APPROVED: MARA W. ELLIOTT, City Attorney By Jennifer L. Berry Deputy City Attorney JLB:jvg (O-2021-67) COR. COPY -PAGE 7 OF 7- 09/02/20 11/9/20 COR. COPY Or.Dept: Council District 4 Doc. No.: 2516149_3 I hereby certify that the foregoing Ordinance was passed by the Council of the City of San Diego, at this meeting of . ELIZABETH S. MALAND City Clerk By_______________________________ Deputy City Clerk Approved: ___________________________________________________________ (date)KEVIN L. FAULCONER, Mayor Vetoed: _____________________________________________________________ (date)KEVIN L. FAULCONER, Mayor