COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 1 OF 7
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
BACKGROUND
The City of Chula Vista usesmany technology systemsto effectively and efficiently deliver public services. Technology available to the City has expanded from more simple tools, such as email and spreadsheets, to more complex systems that involve the automated collection and analysis of a broad range of data, including Sensitive Personal Information. Emerging technologies tend to involve the collection or generation of large amounts of data that can later be processed or analyzed. As the scope of City useof dataandtechnologyhasgrown, risks to individual privacy havebecomemore apparent.
As the City continuesto explore new ways to usetechnology, the community hasexpresseda desire for greater levels of transparency and public engagement in decision- making around City acquisition and use of certain technologies impacting privacy.
PURPOSE
This policy has multiple purposes:
To respondto valid community concernsregardingsharingof personalinformation throughtheuse of technologythat hasthepotential for adverseimpactson civil liberties To safeguardthe security, accuracy, andcontrol of accessto City dataandtechnologysystems To protect the civil rights and civil liberties of Chula Vista community members and visitors, including rights to privacy
To ensurethat expert advice and community input is included as part of City decision-making involving the acquisition and use of privacy- impacting technology To protect against the waste of taxpayer funds
To promotetransparencyin the acquisitionanduseof privacy-impacting technologyby the City To build andmaintain public trust in the City andits useof technologyto deliver public services POLICY
1. Definitions:
1.1. Acquire: to obtain, purchase, lease, rent, borrow, create, develop, or accept in donation
1.2. Exigent Circumstances: Circumstances where, based upon a good faith belief, one or more of the following conditions exists: an emergencyinvolving dangerof deathor seriousphysical injury to any individual, or imminent dangerof significant property damageor monetaryloss to any individual or organization, or an imminent threat to an individuals' civil liberties or rights.
1.3. General Technology: Any electronic device, softwareprogram, or hosted software solution that does not meet the definition of Sensitive Technology or Surveillance Technology.
1.4. Sensitive Personal Information: Information that reveals a person' s social security number, driver' s license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account log- in credentials, IP address, email address, phone number, home address, precise geolocation 2LLJ,
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 2 OF 7
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs, political opinions, religious beliefs, sexual orientation, union membership, or membership in any other private organization, in each case to which apersonhasareasonableexpectationof confidentiality or privacy. For purposesof this definition and this policy, Sensitive Personal Information does not include information recorded, obtained or disclosed as a part of an active criminal investigation, a lawful judicial hearingor process, or in accordancewith other legal or statutoryrequirements.
1.5. Sensitive Technology: Any electronic device, software program, or hosted software solution owned or operated by the City that generates or collects Sensitive Personal Information, but which is not designed or intended to be used for surveillance.
For the purposes of this definition and this policy, Sensitive Technology does not include the following:
Standardoffice technologysuchasemail systems,copymachines,telephonenetworking systems, or broadly available consumer software such as Microsoft Office applications IT infrastructure only intended to manage backend or operational data.
Technology solely intended to manage the Sensitive Personal Information of City employees, such as payroll, employment applications, health and retirement benefits.
Technologysolely intendedto managethe internal administrativefunctionsof theCity, such as case management systems and revenue collection and billing systems.
1.6. Surveillance or surveil: To observe the movements, behavior, or actions of identifiable individuals, or to gatherinformation that can readily be connectedto identifiable individuals for example, an automated license plate reader program), for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals. Observationsthat areincidental or part of a focused, ongoing investigation shall not be consideredsurveillancefor thepurposesof this definition andthis policy.
1.7. Surveillance Technology: Any electronic device, software program, or hosted software solution ownedor operatedby theCity that is designedor primarily intendedto beusedfor the purpose of Surveillance.
For thepurposesof this definition andthis policy, SurveillanceTechnologydoesnot include the following:
CamerasinstalledonCitypropertysolelyfor thepurposeof maintainingthesecurityof that property.
Camerasinstalled solely to protectthe physical integrity of City infrastructure, suchas sewers and storm drains.
Technologythat monitorsonly City employeesin the performanceof their City functions.
Public safety officer body- worn cameras.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 3 OF 7
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
2. Privacy and TechnologyAdvisory Commission
2.1. The City will establisha City Council advisory commissionreferredto herein asthe Privacy and Technology Advisory Commission (" PTAC") responsible for carrying out a broad range of advisoryduties describedin this policy. In general, PTAC dutiesshall include( a)reviewing andadvising on City technologyusepolicies, SurveillanceTechnology impactreports, annual reports, procurement standards for agreements involving Sensitive or Surveillance Technology, and(b) facilitating public discussionof importantissuesrelatedto privacy andCity technology.
2. 2. The PTAC should include ( but not be limited to) members who have the following perspectives:
Experts in emerging technologies and systems
Financial auditors and certified public accountants
Attorneys, legal scholars, and recognized academics with expertise in privacy and/or civil rights
Members of organizations that focus on government transparency or individual privacy Representatives from equity- focused organizations
Public safety professionals
Individuals with experience or expertise in the functions of local government
3. Support from Privacy and Technology Experts
3.1. The City Managershall seekthe adviceof oneor more City staff membersor consultantswith privacy and technology expertise(" PT Advisor"), as appropriate, for the following purposes:
Providetraining andguidanceto City staff on privacy issues Serve as an advisor or liaison to the PTAC
Perform internal audits and monitor compliance with City privacy and technology use policies;
Coordinate with external privacy auditors when applicable; Assist in the evaluationof new technologyacquisitionsfor potential privacy issues
4. Use policies:
4.1. TheCity Managershallestablishaprocessfor determiningwhetheraparticulartechnologyis classified as General Technology, SensitiveTechnology, or Surveillance Technology. Such processmayinclude review by aninternal groupof designatedCity staff and/or thePT Advisor.
4.2. The City Manager shall createone written usepolicy that appliesto all GeneralTechnology.
The City Manager shall also create use policies covering each Sensitive Technology or Surveillance Technology. Where City Council approval of any technology acquisition is required, the relatedusepolicy shall be presentedto the City Council for its considerationat the time of the requested approval as provided in Section 6, below. awl
4.3. Everyusepolicy for a SensitiveTechnologyor SurveillanceTechnologyshallincludethe following information: ( a) City purpose and objectives for acquiring and deploying the technology, b range of authorized uses and users, cprotocols for data collection, access,
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 4 OF 7
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
protection, retention, management, and sharing ( including sharing among City departments), d)technologymaintenanceprotocols,(e)trainingrequirements, and(f) provisionsfor auditing and oversight.
4.4. Use policies shall be reviewed and updated by the City Manager from time to time, as appropriate, with input from the PT Advisor. Use policy reviews, andupdatesas necessary, should occur at any time there is a significant change in the function or purpose of the subject technology, or there are material changes in applicable laws or best practices.
4.5. The order in which usepolicies are createdor updatedfor existing Sensitiveor Surveillance Technologiesshallbe determinedby the City Manager,with input from the PT Advisor. Such determinationsshall be madebasedon a considerationof the technology's potentialdata securityrisks andadverseimpactson individual privacy.
4.6. All usepoliciesmustbeconsistentwith federal, state, andlocallawsandshallbereviewedby the City Attorney for legal compliance.
5. Surveillance Technology impact reports ( STIR)
5.1. Prior to acquiring a Surveillance Technology, the acquiring City Department shall draft a SurveillanceTechnology impact report (STIR) for that technology subjectto the review and approval of the City Manager. Departments should solicit input from the PT Advisor for assistancein developingsuchreports. WhereCity Council approvalof any technology acquisition is required, the related STIR report shall be presentedto the City Council for its consideration at the time of the requested approval as provided in Section 6, below.
5. 2. Surveillance Technology impact reports should, at a minimum, ( a) evaluate the potential for disproportionateadverseimpactsoncertaingroupsorpartsof thecommunity, (b) wheresuch impactsexist,identify, wherefeasible,specificmeasuresto mitigate thoseimpacts;(c) evaluate thepotentialfor adverseimpactsonthesecurityof datastorageandaccesscontrolswithincity systems, particularly with respect to Sensitive Personal Information; ( d) where such impacts exist, identify, where feasible, specific measures to mitigate those impacts; ( e) evaluate the potentialfinancialimpactsontheCitybudget,includingcurrentorpotentialsourcesoffunding; f) describepotentialalternativestothetechnologyandexplainwhythosealternativeswerenot chosen.
5.3. The City shouldupdatea STIR as appropriate, any time there is a significant changein the function or purposeof the subjecttechnology,anytime therearematerialchangesin applicable laws or bestpractices, or in the eventof any other material changethat could havean impact on datasecurityor privacy interests.
6. Surveillance Technology acquisition process:
6.1. Any City Departmentintendingto acquireSurveillanceTechnologyshall,prior to acquisition, obtainCity Council approvalof theacquisition,alongwith theassociatedusepolicy andSTIR.
City departmentsshall includea summaryof commentsandrecommendationsfrom thePTAC in their report to the City Council.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 5 OF 7
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
6.2. City Departmentsshall, prior to seekingCity Council approvalfor the acquisitionof SurveillanceTechnology, presentthe applicable usepolicy and STIR to the PTAC for their input and recommendations. If the PTAC does not act within 60 days of receiving the acquisition proposal from a City Department, the departmentmay proceedto City Council without their recommendation.
6.3. When soliciting proposalsfor SurveillanceTechnology, the City shall require respondentsto provide information regarding any previous security breaches.
6.4. All SurveillanceTechnology acquisitionsshall beprocuredby written agreement, approvedas to form by the City Attorney, containing in substantialform the data security and privacy provisions described in this policy.
7. Transparencyin theuseof SensitiveandSurveillanceTechnolo2y:
7.1. CitManager' s Report to the PTAC. The City Managershall provide a report at least once everytwo yearsto thePTACregardingthestatusof City useof SurveillanceTechnology. To the extent feasible and applicable, the report shall include, at a minimum, the following information for the applicable time period: ( a) how Surveillance Technologies have been used, b) how frequently have the technologiesbeen deployed, including material usagepatterns changes ( if any) over time; ( c) if and how often has data from Surveillance Technology been shared with other entities, and whether any of that data included Sensitive Personal Information;( d) an evaluation of whether Surveillance Technology is having a disproportionate adverse impact on certain groups or geographic areas of the City; ( e) an evaluation of the effectiveness of any identified mitigation measures; ( f) a summaryof thetotal annualcostsfor theuseof SurveillanceTechnology;and(g) asummaryof anyincidentsinvolving unauthorized releases of Sensitive Personal Information.
7.2. Public Space Signage. Where feasible, signs should be posted to notify and disclose the use of Sensitiveor SurveillanceTechnologyat public facilities or within City rights of way. For example, if surveillance cameras are added to a park, signs should be posted near the entrance( s) to the park notifying visitors that they are under video surveillance.
7.3. Cily Website. TheCity shallpostto theCity website, in amannerthatiseasyto find and understand, the following information:
A list of Sensitive and Surveillance Technologies that have been acquired within the last fiscal year
A list of Sensitive and Surveillance Technologies the City currently uses Use policies for all Sensitive and Surveillance Technologies STIRs for all Surveillance Technologies
The City RecordsRetentionSchedule
8. Data Collection Retention, Sharing Mana egment
8.1. The City shall not sell or allow unauthorizedthird-party accessto SensitivePersonal Information.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 60177
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
8.2. The City shall ensurethat all technologyagreementsinvolving the collection or storageof data thatmayincludeSensitivePersonalInformationcontainappropriateprovisions, approvedby theCity Attorney, with input from thePT Advisor, thatprohibit vendorsfrom sharingdatathat includesSensitivePersonalInformation ownedor accessibleby the City or a vendorexceptas necessary to provide the contracted service to the City.
8.3. The City shall ensure that agreements related to the acquisition or use of Sensitive or SurveillanceTechnology include a clausethat allows the City to terminatethe agreementfor causein the eventthevendorviolatesanyrestriction onthe saleor sharingof dataor otherwise violatesindividual privacy protections.
8.4. The City shall seek to minimize the amount of Sensitive Personal Information departments collect whenproviding servicessothat the only datacollectedis the datanecessaryto provide the service.
8.5. The City Clerk shall ensure that the Records Retention Schedule reflects where Sensitive PersonalInformation is held by the City andhow long that information is retained.
8.6. Therequirementsof thissectiondo not apply to (a) anydisclosureof datathatisrequiredby law, including without limitation the Public Records Act and Political Reform Act; or ( b) in thediscretionof theCity Manager,thesharingof informationnecessaryto supportroutineand necessarygovernmentoperationsor administration.Examplesinclude: transferring9-1-1calls, transferring criminal records, transferring public health data to county or statepublic health agencies, sharingmedical datawith externalpartiesfor billing purposes, sharingemployment information for verification or compliance purposes, and sharing data required for grant program compliance.
9. Information security
9.1. The City shall establisha cyber roadmapthat protects Sensitive PersonalInformation from being exploited by unauthorized sources.
9.2. The City shall disclose unauthorized releases of Sensitive Personal Information to affected individuals as soon as practicable, subject to all applicable state and federal laws.
10. Exceptions
10. 1. InteragencyTaskForceActivities. City staff assignedto interagencytaskforceactivities are exempt from the requirements related to acquisition and use of Sensitive and Surveillance Technology solely to the extent of their duties and work related to their assignment to the interagencytaskforce.
10. 2. Exigent Circumstances. City departmentsmay temporarily acquireor use Surveillance Technologyandthedataderivedfromthatusein amannernotexpresslyallowedbyanexisting usepolicy only in asituationinvolving exigentcircumstancesandonly with prior authorization fromtheCityManagerordesignee. If CitydepartmentsacquireoruseSurveillanceTechnology in a situation involving exigent circumstances, the City Managershall report the use of the technology and the justifications for using the technology to the City Council at the conclusion
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE
TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE
POLICY
112- 04 11/ 1/ 2022 7 OF 7
ADOPTED BY: 2022- 238 DATED: 11/ 1/ 2022
AMENDED BY: N/ A
of the exigent circumstances. When the exigent circumstances end, the department will immediately ceaseusing the technology and disposeof any data not directly relevant to an ongoinginvestigationor theexigentcircumstances. If thedepartmentintendsto continueusing the technology after the end of the exigent circumstances, they must seek approval as outlined in Section6 of this policy. The exigentcircumstancedoesnot exemptdisclosureasoutlined in Section 7 of this policy.
10. 3. City Access to Private Video Feeds. The City will work with the PTAC to further developthis policy asit pertainsto privately ownedvideo feedsprovided to theCity by private individuals or organizations.
10. 4. Waivers. The City Manager or City Council as appropriate may waive elements of this policy in the event of exigent circumstances or other circumstances that make compliance impossible or infeasible.
11. Training Compliance andEnforcementof the Policy andCompliancewith Laws.
11. 1. The City Manager, with input from the City Attorney and the PT Advisor, will be W
responsible for interpreting and overseeing City compliance with the terms of this policy.
Oversight shall include ( a) requiring City employee compliance with the policy as a condition of employment; and (b) assuring that City employees or individuals who report the suspected improper use of Sensitive Technology or Surveillance Technology shall be protected from retaliation in employment.
11. 2. The City doesnot intend by adopting this policy to grant any third party the right to enforce this policy againstthe City or any individual City employeeand there shall be no private right of action created hereby.
11. 3. All City activities conductedpursuant to the terms of this policy, including, without limitation, all datacollection, retention,sharing,andmanagementactivities, shallbeconducted in a manner that is consistent with all applicable federal, state, and local laws, including, without limitation, laws governing the collection, storageanddisclosureof SensitivePersonal Information, and the protection of individual civil rights and liberties. In the event that there is a conflict betweenthis policy andapplicablelaws, the applicablelaws shall govern.
11. 4. Wherenecessaryor appropriate,with the input of the PT Advisor, theCity shallprovide training to key City departments and staff to ensure they are equipped to recognize and manage potential data privacy issues and perform their role and function.