New York City Council Header
File #: Int 0487-2018    Version: Name: Creating comprehensive reporting and oversight of NYPD surveillance technologies.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 2/14/2018
Enactment date: 7/15/2020 Law number: 2020/065
Title: A Local Law to amend the administrative code of the city of New York, in relation to creating comprehensive reporting and oversight of New York city police department surveillance technologies
Sponsors: Vanessa L. Gibson, Helen K. Rosenthal, Mark Levine, Antonio Reynoso, Laurie A. Cumbo, Daniel Dromm , Ben Kallos, Public Advocate Jumaane Williams, Margaret S. Chin, Brad S. Lander, I. Daneek Miller, Rory I. Lancman, Carlina Rivera , Adrienne E. Adams, Francisco P. Moya, Stephen T. Levin, Inez D. Barron, Diana Ayala , Robert E. Cornegy, Jr., Keith Powers , Farah N. Louis, Justin L. Brannan, Carlos Menchaca, Bill Perkins, Deborah L. Rose, Alicka Ampry-Samuel , Mark Treyger, Ritchie J. Torres, James G. Van Bramer, Ydanis A. Rodriguez, Donovan J. Richards, Mark Gjonaj , Costa G. Constantinides, Rafael Salamanca, Jr., Fernando Cabrera , Paul A. Vallone, Andrew Cohen, Corey D. Johnson
Council Member Sponsors: 38
Summary: This bill requires the reporting and evaluation of surveillance technologies used by the NYPD. The Department will be required to issue a surveillance impact and use policy about these technologies. The policy would include information on surveillance technologies such as the description and capabilities, rules, processes and guidelines, and any safeguards and security measures designed to protect the information collected. Upon publication of the draft surveillance impact and use policy, the public shall have a period of time to submit comments. The commissioner of the department shall consider the comments and provide the final version of the surveillance impact and use policy to the Council, the Mayor and post to the Department’s website. The inspector general for the NYPD shall audit the surveillance impact and use policy to ensure compliance with its terms.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 487-A, 2. Summary of Int. No. 487, 3. Int. No. 487, 4. February 14, 2018 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 2/14/20, 6. Minutes of the Stated Meeting - February 14, 2018, 7. Committee Report 12/18/19, 8. Hearing Testimony 12/18/19, 9. Hearing Transcript 12/18/19, 10. Proposed Int. No. 487-A - 6/16/20, 11. Committee Report 6/18/20, 12. Hearing Transcript 6/18/20, 13. Committee Report - Stated Meeting, 14. June 18, 2020 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 6-18-20, 16. Fiscal Impact Statement
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
7/15/2020AVanessa L. Gibson City Council Recved from Mayor by Council  Action details Meeting details Not available
7/15/2020AVanessa L. Gibson Mayor Signed Into Law by Mayor  Action details Meeting details Not available
7/7/2020AVanessa L. Gibson Mayor Hearing Held by Mayor  Action details Meeting details Not available
6/18/2020AVanessa L. Gibson City Council Sent to Mayor by Council  Action details Meeting details Not available
6/18/2020AVanessa L. Gibson City Council Approved by CouncilPass Action details Meeting details Not available
6/18/2020*Vanessa L. Gibson Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
6/18/2020*Vanessa L. Gibson Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
6/18/2020*Vanessa L. Gibson Committee on Public Safety Amended by Committee  Action details Meeting details Not available
6/18/2020AVanessa L. Gibson Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
12/18/2019*Vanessa L. Gibson Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
12/18/2019*Vanessa L. Gibson Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
2/14/2018*Vanessa L. Gibson City Council Referred to Comm by Council  Action details Meeting details Not available
2/14/2018*Vanessa L. Gibson City Council Introduced by Council  Action details Meeting details Not available

Int. No. 487-A

 

By Council Members Gibson, Rosenthal, Levine, Reynoso, Cumbo, Dromm, Kallos, the Public Advocate (Mr. Williams), Chin, Lander, Miller, Lancman, Rivera, Adams, Moya, Levin, Barron, Ayala, Cornegy, Powers, Louis, Brannan, Menchaca, Perkins, Rose, Ampry-Samuel, Treyger, Torres, Van Bramer, Rodriguez, Richards, Gjonaj, Constantinides, Salamanca, Cabrera, Vallone, Cohen and the Speaker (Council Member Johnson)

 

A Local Law to amend the administrative code of the city of New York, in relation to creating comprehensive reporting and oversight of New York city police department surveillance technologies

 

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 14 of the administrative code of the city of New York is amended by adding a new section 14-188 to read as follows:

§ 14-188 Annual surveillance reporting and evaluation. a. Definitions. As used in this section, the following terms have the following meanings:

Surveillance technology. The term “surveillance technology” means equipment, software, or systems capable of, or used or designed for, collecting, retaining, processing, or sharing audio, video, location, thermal, biometric, or similar information, that is operated by or at the direction of the department. Surveillance technology does not include:

1. routine office equipment used primarily for departmental administrative purposes;

2. parking ticket devices;

3. technology used primarily for internal department communication; or

4. cameras installed to monitor and protect the physical integrity of city infrastructure.

Surveillance technology impact and use policy. The term “surveillance impact and use policy” means a written document that includes the following information:

1. a description of the capabilities of a surveillance technology;

2. rules, processes and guidelines issued by the department regulating access to or use of such surveillance technology as well as any prohibitions or restrictions on use, including whether the department obtains a court authorization for such use of a surveillance technology, and, if so, the specific type of court authorization sought;

3. safeguards or security measures designed to protect information collected by such surveillance technology from unauthorized access, including but not limited to the existence of encryption and access control mechanisms;

4. policies and/or practices relating to the retention, access, and use of data collected by such surveillance technology;

5. policies and procedures relating to access or use of the data collected through such surveillance technology by members of the public;

6. whether entities outside the department have access to the information and data collected by such surveillance technology, including: (a) whether the entity is a local governmental entity, state governmental entity, federal governmental entity or a private entity, (b) the type of information and data that may be disclosed by such entity, and (c) any safeguards or restrictions imposed by the department on such entity regarding the use or dissemination of the information collected by such surveillance technology;

7. whether any training is required by the department for an individual to use such surveillance technology or access information collected by such surveillance technology;

8. a description of internal audit and oversight mechanisms within the department to ensure compliance with the surveillance technology impact and use policy governing the use of such surveillance technology;

 9. any tests or reports regarding the health and safety effects of the surveillance technology; and

10. any potentially disparate impacts of the surveillance technology impact and use policy on any protected groups as defined in the New York city human rights law.

b. Publication of surveillance technology impact and use policy. The department shall propose a surveillance technology impact and use policy and post such proposal on the department’s website, at least 90 days prior to the use of any new surveillance technology.

c. Existing surveillance technology. For existing surveillance technology as of the effective date of the local law that added this section, the department shall propose a surveillance technology impact and use policy and post such proposal on the department’s website within 180 days of such effective date.

d. Addendum to surveillance technology impact and use policies. When the department seeks to acquire or acquires enhancements to surveillance technology or uses such surveillance technology for a purpose or in a manner not previously disclosed through the surveillance technology impact and use policy, the department shall provide an addendum to the existing surveillance technology impact and use policy describing such enhancement or additional use.

e. Upon publication of any proposed surveillance technology impact and use policy, the public shall have 45 days to submit comments on such policy to the commissioner.

f. The commissioner shall consider public comments and provide the final surveillance technology impact and use policy to the speaker and the mayor, and shall post it on the department’s website no more than 45 days after the close of the public comment period established by subdivision e of this section.

§ 2. Section 803 of the New York city charter is amended by adding a new subdivision c-1 to read as follows:

c-1. The commissioner shall prepare annual audits of surveillance technology impact and use policies as defined in section 14-188 of the administrative code that shall:

1. assess whether the New York city police department’s use of surveillance technology, as defined in section 14-188 of the administrative code, complies with the terms of the applicable surveillance technology impact and use policy; 

2. describe any known or reasonably suspected violations of the surveillance technology impact and use policy, including but not limited to complaints alleging such violations made by individuals pursuant to paragraph (6) of subdivision c of this section; and

3. publish recommendations, if any, relating to revisions of any surveillance technology impact and use policies. 

§ 3. This local law takes effect immediately.

DA/BG

LS 6645/Int.1482-2017

LS 5531

6/10/20 10:40PM