MEMORANDUM
TO: PAC FROM: Steve Toribio,
Lieutenant, Training Division
SUBJECT: Pursuit Mitigation System
(StarChase) – 2023 Annual Report
DATE: May 14, 2024
Background
Oakland Municipal Code (OMC) 9.64.040: Oversight Following City Council Approval requires that for each approved surveillance technology item, city staff must present a written annual surveillance report for the Privacy Advisory Commission (PAC). After review by PAC, city staff shall submit the annual surveillance report to City Council. The PAC shall recommend to City Council that:
• The benefits to the community of the surveillance technology outweigh the costs, and civil liberties and civil rights are safeguarded.
• That use of the surveillance technology cease; or
• Propose modifications to the corresponding surveillance use policy that will resolve the concerns.
Oakland Police Department (OPD) Departmental General Order (DGO) I-22: Pursuit Mitigation System requires that OPD provide an annual report to the Chief of Police, PAC, and the Public Safety Committee. The information provided below complies with the annual report policy requirements of DGO I-22 and OMC 9.64.040.
Per DGO I-22, our Pursuit Mitigation System Coordinator is Officer Michelle Kwon, Interim Department Safety Coordinator.
StarChase, a private company, manufactures and supports a Pursuit Mitigation GPS Tag Tracking System. The StarChase system is a pursuit management technology that contains a miniature GPS tag and a launcher mounted in a police vehicle.
The GPS Tag and Track Launcher System is comprised of a less-than-lethal, dual-barrel GPS launcher that contains two GPS Tags (one per barrel) mounted in the vehicle grille or on a push bumper. The launcher is equipped with compressed air and an eye-safe laser to assist with
targeting before launching the GPS Tag.
2023 Annual Report Details
A. A description of how the surveillance technology was used, including the type and quantity of data gathered or analyzed by the technology:
StarChase was deployed three times during 2023:
• 31 Jan 23: RD# 23-005416; Incident LOP230131000918. One deployment on a vehicle associated with multiple robberies. The GPS Tag was removed from the vehicle by a subject in the vehicle shortly after it was applied.
• 30 Jun 23: RD# 23-030463; Incident LOP230616000902. One deployment on a vehicle associated with a shooting. The GPS Tag did not affix to the vehicle. • 14 Jul 23: RD# 23-036026; Incident LOP230714000927. One deployment on a vehicle with a switched plate, in which the driver was believed to have just committed a robbery. The GPS Tag did not affix to the vehicle.
B. Whether and how often data acquired through the use of the surveillance technology was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s):
No GPS data was shared with outside entities. During the one successful deployment, one of the associated suspects removed the GPS Tag shortly after it was applied.
C. Where applicable, a breakdown of what physical objects the surveillance technology hardware was installed upon; using general descriptive terms so as not to reveal the specific location of such hardware; for surveillance technology software, a breakdown of what data sources the surveillance technology was applied to :
All three deployments were directed at vehicles. For the one successful deployment, the tracker was removed by a suspect shortly after it was applied .
D. Where applicable, a breakdown of where the surveillance technology was deployed geographically by each police area in the relevant year:
• 31 Jan 23 incident: Area 2
• 30 Jun 23 incident: Area 4
• 14 Jul 23 incident: Area 3
E. A summary of community complaints or concerns about the surveillance technology and an analysis of the technology's adopted use policy and whether it is adequate in protecting civil rights and civil liberties . The analysis shall also identify the race of each person that was subject to the technology’s use. The Privacy Advisory Commission may waive this requirement upon making a determination that the probative value in gathering this information to evaluate the technology’s impact on privacy interests is outweighed by the City’s administrative burden in collecting or verifying this information and the potential greater invasiveness in capturing such data. If the Privacy Advisory Commission makes such a determination, written findings in support of the determination shall be included in the annual report submitted for City Council review.
There are no known complaints on record associated with the deployment of StarChase in 2023.
F. The results of any internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response unless the release of such information is prohibited by law, including but not limited to confidential personnel file information:
Each incident involving a StarChase deployment was reviewed, minimally, by a field supervisor. No auditing was conducted re: tracking information, as no deployment led to tracking information being gathered or sought.
G. Information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response:
No GPS data was gathered .
H. Information, including crime statistics, that helps the community assess whether the surveillance technology has been effective at achieving its identified purposes :
There is insufficient data for a thorough assessment, as only three deployments were made in 2023.
I. Statistics and information about public records act requests regarding the relevant subject surveillance technology, including response rates :
There were no public records requests (open or closed) related to StarChase in 2023.
J. Total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year:
An invoice in the amount of $53,550 was paid on 16 Mar 23, to StarChase, for services in 2023.
K. Any requested modifications to the Surveillance Use Policy and a detailed basis for the request:
No requests for changes at this time.
OPD is committed to providing the best services to our community while being transparent and instilling procedural justice through daily police activity. This report complies with these commitments and the reporting requirements of OMC 9.64.040. OPD hopes that it helps strengthen trust within the Oakland community.