Approved as to Form and Legality
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. ___________ C.M.S.
RESOLUTION THAT WITHIN 30 DAYS OF THE DATE BELOW, THE CHIEF
OF POLICE SHALL CERTIFY IN WRITING TO THE CITY COUNCIL AND
THE PRIVACY ADVISORY COMMISSSION (PAC) THAT ALPR USE HAS
BEEN TERMINATED
WHEREAS, ALPR technology consists of cameras that can automatically scan license plates on vehicles that are publicly visible; ALPR reads these license plates with a lens and charge-coupled device (CCD) that sense and records the and connects the image to an optical character recognition (OCR) system that can connect the image to that actual license plate characters; the ALPR system in a patrol vehicle is activated when the user logs into the software from their vehicle-based computer and starts the system. The system, once initiated, runs continuously and photographs vehicles until turned off manually; the system compares license plate characters against specific databases, and stores the characters along with the date, time, and location of the license plate in a database; and
WHEREAS, OPD’s ALPR system updates daily with three California Department of Justice (CA DOJ) hotlists: felony wants, stolen plates, stolen vehicles, and there is no OPD ALPR connection to any federal databases; and
WHEREAS, OPD uses ALPR for 1) the immediate (real time) comparison of the license plate characters against CA DOJ databases; and 2) the storage of the license plate characters – along with the date, time, and location of the license plate – in a database that is accessible by law enforcement (LEA) agencies for investigative purposes; and
WHEREAS, ALPR technology helps OPD personnel to leverage their public presence and to more effectively use their limited time for more critical crime response activity; and
WHEREAS, Oakland’s Surveillance Ordinance No.13489 C.M.S., adopted by the City Council on May 15, 2018 adds Chapter 9.64 to the Oakland Municipal Code (OMC), and covers policy areas related to surveillance technology; and
WHEREAS, OMC 9.64.030.1.C requires City Council approval for new and existing surveillance technology; additionally, OMC Section 9.64.020.1 requires that, “Prior to seeking City Council approval for existing city surveillance technology under Section 9.64.030, city staff shall submit a Surveillance Impact report and Surveillance Use Policy to the Privacy Advisory Commission (PAC) for its review at a regula rly noticed meeting. The surveillance impact report and surveillance use policy must address the specific subject matter specified for such reports as defined under 9.64.010”; and
WHEREAS, OPD staff presented a draft Department General Order (DGO) I-12: Automated License Plate Reader Technology as its Surveillance Use Policy (SUP) as well as a draft Surveillance
Impact Report (SIR) at the following PAC meeting dates: January 3, 2019; February 7, 2019; March 7, 2019; April 4, 2019; January 7, 2021; and February 4, 2021; and
WHEREAS, Appendix A to OPD’s current SUP provides over 100 examples of CA DOJ hotlist hits notifications to officers; and Appendix B provides over 30 cases where ALPR provided OPD with evidence to investigate violent crime including assault, human trafficking, robbery, and homicide; and
WHEREAS, OPD has provided a 2019 and 2020 ALPR Annual Report that provides data on the number of license plate scans, matches and requests for ALPR data by outside agencies; and
WHEREAS, OPD personnel have explained to PAC Commissioners during PAC meetings that the OPD ALPR system is outdated and that a newer system must be acquired to provide data regarding how and for what reasons personnel query the system; and
WHEREAS, the SIR (Attachment A to the accompanying report) covers the following areas as required by the Surveillance Ordinance:
• Information describing the system and how it works;
• Purpose of the technology;
• Locations where, and Situations in which the technology may be used; • Privacy Impact of the technology;
• Mitigations to prevent privacy impacts;
• Data Types and Sources;
• Data Security;
• Costs;
• Third Party Dependence;
• Alternatives Considered; and
• Track Record of Other Entities; and
WHEREAS, DGO I-12: Automated License Plate Reader (Attachment B to the accompanying report) covers relevant areas required by OMC 9.64.030, including the following areas:
• Technology Description;
• Authorized Use;
• Use Restrictions;
• Data Access, Data Collection and Retention, and Security; • Monitoring and Reporting; and
• System Training; and
WHEREAS, OPD is prohibited from acquiring any new ALPR technology, based on the requirements of OMC 9.64, until a SUP and SIR are reviewed by the PAC and approved by the City Council; and
WHEREAS, at the February 4, 2021 PAC meeting the PAC Chair introduced a document with 18 findings “based on OPD’s proposal, and my own [PAC Chair Brian Hofer] independent research on this matter (see Attachment C); and
WHEREAS, the motion introduced by PAC Chair Hofer is as follows: “Based on the above findings, my motion and recommendation to the City Council is that due to a) the years-long refusal of OPD to comply with its own policy, b) the years-long refusal of OPD to comply with state law pertaining to use of such technology, c) the years-long refusal of OPD to honor public record requests into such use, d) the lack of demonstrated efficacy from use of such technology, and e) the negative impact to our privacy interests and civil liberties from the collection of highly revealing location and association data without a necessary criminal predicate justifying such collection, that OPD’s use of automated license plate readers immediately terminate, that the Chief of Police shall certify in writing to the City Council and the PAC that such use has terminated within thirty (30) days, and that for a period of two years OPD may not seek City Council approval for ALPR use. The above findings #1-18 are to be incorporated into the PAC’s recommendation to the Council;” therefore be it
RESOLVED: That based on the PAC’s recommendation, the Chief of Police shall certify in writing within 30 days, to the City Council and the PAC that ALPR use has been terminated.
IN COUNCIL, OAKLAND, CALIFORNIA, ___________________________
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, TAYLOR, THAO, REID, AND PRESIDENT FORTUNATO-BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City of
Oakland, California