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13B Action
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3/21/2024 5:57:54 PM
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12/15/2023 1:24:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/18/2023
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Recommendation #3:Add Prohibited Uses <br />(Source: Alameda Police Department Policy 463) <br />NEW SECTION: “PROHIBITED USES” to make explicit SLPD’s commitment to protecting privacy and civil liberties and to affirm specific CA laws that that restrict use. <br />“Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this policy. The following uses of the ALPR system are expressly prohibited: <br />(a) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this policy to utilize the ALPR to record license plates not exposed to public view. <br />(b) Harassment or Intimidation: It is a violation of this policy to use the ALPR system to harass and/or intimidate any individual or group. <br />(c) Use Based on a Protected Class/Characteristics. It is a violation of this policy to use the ALPR system solely based on a person's or group's perceived race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law. <br />(d) Immigration Enforcement/Investigations: It is a violation of this policy to use the ALPR system for immigration enforcement and/or investigations (per CA Values Act, SB 54, 2017) [Note: Flock includes this in their policy but it is absent in the SLPD policy.] <br />(e) Out-of-state requests:It is a violation of this policy to share ALPR data with any law enforcement agency outside of California (per CA SB 34, 2015) [Note: This is referred to in 418.7 of the draft revised SLPD policy.] <br />(f) Personal Use: It is a violation of this policy to use the ALPR system for any personal purpose. <br />(g) First Amendment Rights. It is a violation of this policy to use the A LPR system for the purpose or known effect of infringing upon First Amendment rights and/or any Constitutional rights. <br />(h) Anyone who engages in an impermissible use of the ALPR system may be subject to: Criminal prosecution, Civil liability, and/or Administrative sanctions, up to and including termination.”
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