About the Document
This is a memo dated 30 September 2020 from Lisa Judge, Inspector General for Public Safety, and David G. Jones, City Auditor, addressed to the Seattle City Council. It was published by the Seattle Office of Inspector General and presents the Annual Surveillance Usage Review for 2019. The memo is submitted jointly by the Seattle Office of Inspector General for Public Safety (OIG) and the Seattle Office of City Auditor (OCA) to fulfil the requirements of Seattle Ordinance 125376 as amended by Ordinance 125679.
Background and Legal Framework
- In August 2017, the City Council updated Chapter 14.18 of the Seattle Municipal Code (SMC), which regulates the acquisition and use of surveillance technologies.
- Under Chapter 14.18, departments must obtain Council ordinance approval and a surveillance impact report (SIR) before acquiring such technology.
- Each SIR must describe the technology, its purpose and proposed use, a clear use and data management policy, community engagement, potential civil rights and liberties impacts (including disparate impacts on communities of color and other marginalized communities), and the fiscal impact.
- Ordinance 125679 set the reporting schedule: the first review was to be filed in January 2020 and cover activities through the end of 2018, with later reviews filed in September covering the previous year.
Key Findings for 2019
- The Seattle Privacy Office received 710 total requests for privacy reviews in 2019, and 288 technologies and projects were applicable.
- Two changes were made to the Master List of Technologies: SPD UFED Premium Software Upgrade was found to be an update to a technology reviewed by SIR in late 2019, and SPD Black Bag Forensic Software was found to fall under the Group 4 extraction tools entry.
- The CTO filed four quarterly reports in 2019, as required by SMC 14.18.020.
- The Seattle Privacy Office reported completing 12 SIRs by the end of 2019 for Council consideration in 2020.
- On September 23, 2019, the Council approved SIRs for two retroactive technologies in Ordinance 125936: Seattle Department of Transportation closed-circuit television traffic cameras and license plate readers.
Compliance Assessment Status
The memo states that, because the Council had not approved any SIRs for the Seattle Police Department, OIG was not able to assess SPD's technology for compliance. OCA began evaluating the Seattle Department of Transportation's compliance in late 2019 and was working on audit reports. On September 29, 2020, the Council approved an extension via Clerk File 314458: the license plate reader report was extended to Quarter 4, 2020, and the closed-circuit television traffic camera report to Quarter 2, 2021. The memo attributes the inability to finish by September 2020 to the elimination of carry-over consultant funding because of the COVID-19 budget crisis.
Methodology and Coordination
The memo states that OIG and OCA continue to monitor the SIR process and observe Surveillance Advisory Working Group meetings. The two offices are coordinating to ensure they use a consistent methodology to evaluate departmental compliance with Chapter 14.18 and the terms of approved SIRs.
Why It Matters for Seattle Surveillance Oversight
The memo is addressed to the Seattle City Council and reports how the annual surveillance usage review under Chapter 14.18 was carried out for 2019, including the status of SIRs, compliance assessments and the extended audit timelines.