AgdaPkt 2017-09-11 Closed and Joint SA PFA

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�.t 6.1.D. - Page 8 A DELICATE BALANCE: PRIVACY VS. PROTECTION Issue I Summary Methodology I Glossary Background Discussion Findings Recommendations Requests for Responses Bibliography Appendixes Responses ISSUE How do local law enforcement agencies in San Mateo County balance their constituents' desire for privacy with the agencies' use of surveillance tools in their efforts to protect the public? SUMMARY Finding that delicate balance between a community's desire for privacy and the ability of police and the Sheriff to protect that same community is both a challenge and a necessity. The American Civil Liberties Union (ACLU) states: "Communities must be equal partners in any decision about the use of surveillance technology. They need to know when and why surveillance is being considered, what it is intended to do, and what it will really cost both in dollars and in individual rights."' Many local police departments and the San Mateo County Sheriff's Office (Sheriff's Office) have purchased or borrowed surveillance tools, such as Automated License Plate Readers (ALPRs). They also use tools, such as in-dash video cameras for patrol cars, body-worn cameras, and ShotSpotter2 to help them protect residents. These devices can provide evidence to identify and prosecute individuals who commit crimes. To understand the spread of these new technologies and their impact on communities, the 2016- 2017 San Mateo County Civil Grand Jury (Grand Jury) sent a survey to the Sheriff's Office, the Broadmoor Police Protection District, and 17 other law enforcement agencies throughout the County.3 Survey questions probed for information and details concerning the types of surveillance technology used; policies for collecting, managing, and storing data; and steps taken to ensure public awareness. The Grand Jury also checked whether law enforcement websites posted easily accessible policies for these tools online. Based on the results of its survey, and its review of policies enacted by various local jurisdictions, the Grand Jury recommends that local law enforcement agencies take additional steps to inform and notify residents when considering plans to purchase and install surveillance technology. Additionally, local law enforcement agencies, and their city councils, should adopt policies and ordinances, with community input, which reflect the communities' desire to balance their safety and privacy. These policies should be posted in a conspicuous place on the agencies' websites. I ACLU of Northern California,"Making Smart Decisions about Surveillance:A Guide for community Transparency, Accountability and Oversight,"April 2016.https://www.aclunc.org/docs/20160325- making_smart_decisions_about_surveillance.pdf 2 Shotspotter is a system that detects and sends the location of gunfire or other weapons using acoustic,optical,or other types of sensors. 3 Recipients of survey:Sheriff's Office,the Broadmoor Police Protection District,and the law enforcement agencies of the cities and towns of Atherton,Belmont,Brisbane,Burlingame,Cohna,Daly City,East Palo Alto,Foster City,Hillsborough,Menlo Park,Millbrae,Pacifica,Redwood City,San Bruno,San Carlos,San Mateo(city),and South San Francisco. 2016-2017 San Mateo County Civil Grand Jury 1