HomeMy WebLinkAboutCity of San Diego - Privacy Advisory Board Ordinance 2022(O-2021-67)
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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
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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:
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§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;
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(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
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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
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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
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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