December 6, 2021
To City Manager, Maria V. Kachadoorian and Our Esteemed Mayor and Council Members,
As a Human Relations Commission (HRC), we have been processing our role and scope of work as it relates to the Automated License Plate Reader Program (ALPR) and data sharing technologies. In January of 2021 we began to receive public comment and feedback regarding our city’s use of ALPR and as a result we formed an ALPR Ad Hoc to deepen our understanding of ALPR as well as to cultivate engagement with community members about the benefits, limitations, and impacts.
The purpose of this letter is the following: to summarize some of the pressing ALPR/data sharing issues and concerns that continue to be shared with the HRC; to seek clarity about the CVPD’s quarterly ALPR updates to the HRC; and to offer ongoing discussion about the limitations and capacities of our HRC around ALPR/data sharing issues.
ALPR was first brought to our attention after the Union Tribune’s December 6, 2020 article1 documenting CVPD’s sharing of ALPR data with other policing agencies such as Immigration and Customs Enforcement and Customs and Border Protection.
Because a significant charge of our commission focuses solely on Welcoming City certification, we received public comment reflecting the perception that our city was in violation of SB 54. As it was later clarified, the City was in compliance with SB 54 (sharing of data is not considered personal identities), however public comment continues to reflect that regardless of compliance with state law, the city’s sharing of data compromised the “spirit” of SB54. In addition, public comment throughout this last year continues to address concerns and reflections about the need for a citywide surveillance technology framework that touches on independent oversight, best practices, evaluation, and community engagement. Lastly, in July 2021 our City received notification of an anonymous complaint submitted to Welcoming America regarding ALPR. An investigation took place, and our City remains in compliance with the “Welcoming Standard.” All of the sentiments above indicate some ongoing concern with ALPR and data sharing technologies despite nearly a year after its practice was released to the public.
As an HRC we continue to reflect on the impact of ALPR and data sharing practices, and the roles and responsibilities that our HRC holds in “listening” to CVPDs
1 https://www.sandiegouniontribune.com/communities/south-county/chula-vista/story/2020-12-06/chula- vista-gives-immigration-officials-others-access-to-license-plate-reader-data DocuSign Envelope ID: 2B5A78E6-D0EC-4AA2-AC94-71BB6C064EA5
quarterly updates. On April 20, 2021 in a report by CVPD to the city council, it was proposed that CVPD would present quarterly updates to the HRC2. Since then, there has been one quarterly report (October 28, 2021) to the HRC. Sentiments from our ALPR Ad Hoc reminded the commission about the complexities, nuances, and intricacies of data sharing technologies and the need for an appropriate body of relevant stakeholders to be offered the opportunity to be the audience of the CVPD’s ALPR quarterly updates; more specifically a body of individuals equipped to engage with data sharing technologies, civil liberties, policy, and perhaps individuals that work directly with marginalized communities most impacted by disproportionate surveillance use. In such, we welcome advisement about these CVPD quarterly ALPR updates and the roles and responsibilities of our HRC in offering informed and insightful critiques and recommendations.
In reflecting on our commission’s scope of work, our strengths and expertise, and the amount of time needed to offer a quality review of CVPD’s ALPR practices, we would like to invite further dialogue about how you perceive our roles, responsibilities, and future engagement with ALPR and data sharing technologies.
Despite our commission’s limitations, we do feel that our HRC has the opportunity to offer continued support in various arenas. For example, we would like to continue to offer opportunities for our community to share out authentically in spaces that are open and community-friendly. We would also be open to holding community-led workshops that support the forward development of our city’s data-sharing frameworks (i.e.. oversight, evaluation, best practices, etc.).
In sum, we felt that it was necessary to offer this brief articulation of our past year’s experiences with ALPR. We look forward to learning more about how you perceive our commission’s roles and responsibilities in regards to CVPD’s quarterly updates, as well as to how we can all probe further in addressing and reconciling the ongoing public concerns.
Sincerely,
Petrina Branch, Chair
Human Relations Commission
2 The Department will provide quarterly updates to the Human Relations Commission on the ALPR program.
DocuSign Envelope ID: 2B5A78E6-D0EC-4AA2-AC94-71BB6C064EA5