[HISTORY: Adopted by the Borough Council of the Borough of
Wilkinsburg 10-21-2009 by Ord. No. 2822. Amendments noted where
applicable.]
The purpose of this chapter is to ensure that all public security
camera systems:
A.
Further a legitimate, clearly articulated public safety purpose;
B.
Can effectively achieve their articulated purpose;
C.
Can achieve their articulated purpose more efficiently than could
alternative means;
D.
Minimally impact constitutional rights;
E.
Employ an open and publicly accountable process; and
F.
Employ technological and administrative safeguards to reduce the
potential for misuse and abuse of the system.
As used in this chapter and/or in the regulations promulgated
by Borough Council and the Chief of Police, certain words and phrases
are defined as follows:
Using technology to attach personally identifiable information,
such as name, address, or criminal history, to footage or other records
of the public security camera system such that those subsequently
accessing the footage or records can also access the attached personal
information.
A permanent or retrievable record of oral conversations and
audible sounds. The Borough of Wilkinsburg public security cameras
shall perform no audio recording. Audio recording is governed by state
and federal law and is separate and apart from the recording performed
by the security cameras in the public right-of-way. Any recordings
that capture audio shall be treated under the provisions of the Pennsylvania
Wiretapping and Electronic Surveillance Control Act, Act of October
4, 1978, P.L. 831, No. 164, 18 Pa.C.S.A. § 5701 et seq.,
as amended, and/or the federal Electronic Communications Privacy Act
of 1986. Pub. L. No. 99-508, 100 Stat. 1848 (1986), 18 U.S.C. § 2510
et seq., as amended.
Use of a public security camera system in conjunction with
biometric or other digital technologies to ascertain or confirm the
identity of an individual whose image is captured on public security
camera footage, whether in real time, as applied to recorded footage,
or prospectively.
The use of a public security camera system to follow a specific
individual or his or her vehicle with technology operating independently
of immediate or direct human control, regardless of whether his or
her identity is known, so as to create a seamless record of his or
her activity during a specific period.
A committee consisting of the Mayor or his/her designee,
the Chief of Police or his/her designee, the President of Borough
Council or his/her designee, one other Council member or designee
selected by the Council President, and three members of the public
appointed by the Mayor and approved by Borough Council.
A public security camera, owned or controlled by the Borough
of Wilkinsburg, focused on a public place, paid for in whole or in
part with Borough or other government monies, not hand-held by system
operators, implemented for an indefinite period of time or for longer
than 240 days, and the primary purpose of which extends beyond a single,
specific law enforcement investigation.
A locally based organization representing residential, recreational,
economic or other interests of those individuals living and working
in an area which may be within the coverage of a public security camera
and its adjacent neighborhoods.
Funds secured from Borough Council or any other federal,
state, county or Borough funding source.
Physical, financial or emotional injury and is not limited
to legal wrongs or violations of legal duties.
An arrangement of cameras allowing them to operate without
direct manual control.
Use, operation of or interaction with a PSC system in a manner
inconsistent with the use restrictions described in this chapter or
otherwise not conforming to the approved purposes of the PSC system.
Real-time viewing of live camera images.
A Borough employee authorized and trained to use the system,
working for or under the supervision or control of the Wilkinsburg
Police Department.
Manipulating a camera to view areas outside the original
image frame or measurably increase the resolution of the images rendered.
Any images recorded by a public security camera system or
by a public security camera paid for with government monies, including
time and location data and any additional metadata or information
appended to the images on the footage.
Two or more government-owned and operated cameras focused
on a public place and remotely operated.
Images that are preserved and stored by a public security
camera system for later review. This includes preservation for any
length of time beyond a short window necessary to perform an initial
review of the footage.
The Chief of Police or his or her designees and/or the Public
Security Camera Review Committee.
An intentional, planned and authorized use of a system, a
component of it, or the collected data, for a purpose other than an
original approved purpose for the system.
Individuals or entities (other than the individual requesting
access to records relating to himself or herself) that are not under
the supervision or control of the Wilkinsburg Police Department.
The Borough of Wilkinsburg intends to abide by the following
principles in its use of public security cameras and recordings:
A.
When images are recorded, stored, reviewed or otherwise processed,
the purpose for such activity shall be stated and recorded;
B.
Borough-owned public security cameras shall be open and the camera-monitored
areas shall have signs advising the public of the presence of the
cameras;
C.
Images collected by operation of Borough public security cameras
shall be retained no longer than necessary. Any long-term retention
shall be in accordance with this chapter and in accordance with regulations
and procedures promulgated by the Borough Council and Chief of Police;
D.
Access to data from Borough public security cameras shall be available
upon written request only as set forth herein or in regulations and
procedures promulgated by the Borough Council and Chief of Police;
E.
Images acquired by the Borough from public security cameras shall
not be used for any purpose other than the described purpose set forth
in the application for access;
F.
Borough public security cameras shall be directed at the public right-of-way
so that no recording is performed except of events and persons in
the public right-of-way or in public view. public security cameras
in residential areas shall not provide visual access not available
to the general public;
G.
Borough public security camera operators shall be trained and supervised
in the responsible, lawful and ethical use of the cameras, the recording
equipment and the recorded images. Access to footage shall be limited,
and the limited number of personnel with access to footage shall likewise
be trained and supervised in the responsible, lawful and ethical use
of footage;
H.
There shall be specific sanctions for misuse or abuse of the system
or of the footage;
I.
Borough-owned public security camera footage shall not typically
be monitored except when an event triggers the need for short-term
monitoring.
A.
Borough public security cameras may be deployed only in those residential
and commercial areas experiencing a distinct pattern of crimes being
committed on public space where utilization of camera surveillance
could detect and/or eliminate such crimes. From and after the effective
date of this chapter, a public security camera location shall be approved
preliminarily for installation and use by the Chief of Police or his/her
designee upon a finding that:
B.
Thereafter the location shall be approved within 30 days upon a finding
by the Public Security Camera Review Committee that the criteria set
forth herein have been met.
C.
Borough public security cameras, and any and all footage, may be
used only by those persons authorized herein and may be used solely
in the specific instances set forth in this chapter, and use of public
security cameras by such persons in any other manner or location,
or for any other purpose, is expressly prohibited. The Chief of Police
shall maintain a log of all public security camera locations, the
dates of their initial approval by the Chief of Police and of the
subsequent approval by the public security camera Review Committee,
and the criteria used for their approval. Such log shall be available
to the public.
Borough public security cameras, and any and all footage, may
be used for the purpose of providing surveillance during any public
emergency, including, but not limited to, weather emergencies, fire
emergencies, pollution incidents or threat conditions connected with
the safety of any person.
Borough public security cameras, and any and all footage, may
be used for the purpose of providing surveillance in the service of
law enforcement and crime investigation and prevention within the
Borough of Wilkinsburg where there is suspected criminal activity
or situations causing concerns for public safety or where there is
a potential for criminal activity.
All public security camera systems and public security cameras
shall be directed at the public right-of-way so that no recording
is performed except of events and persons in the public right-of-way
or in public view. public security cameras in residential areas shall
not provide visual access not available to the general public.
The Wilkinsburg Police Department and/or the public security
camera Review Committee shall adopt regulations and procedures applicable
to Borough public security cameras which shall take effect before
any new cameras are activated pursuant to this chapter.
Public security camera systems and all public security cameras
paid for with government monies which are installed or trained on
the Borough public right-of-way or on Borough property shall conform
to the purposes and objectives set forth in this chapter.
It is not the intent of the Borough by this chapter to regulate
in any manner privately owned and operated surveillance or security
cameras.
The Borough shall be limited in its use of Borough public security
cameras in the following manner:
A.
Automatic identification prohibited. Except upon a showing of probable
cause that an individual has committed or is committing a crime, as
provided in the applicable Wilkinsburg Police Department Standard
Operating Procedures, using a public security camera system or a public
security camera paid for with government monies for purposes of automatic
identification is prohibited. Any operator who violates the applicable
policies and procedures relating to automatic identification shall
be subject to administrative discipline as set forth therein.
B.
Appending data prohibited. Except as provided in the applicable Standard
Operating Procedures of the Wilkinsburg Police Department, appending
data to public security camera footage is prohibited. Any operator
who violates the applicable policies and procedures relating to appending
data to public security camera footage shall be subject to administrative
discipline as set forth therein.
C.
Automatic tracking prohibited. Except upon a showing of probable
cause that an individual has committed or is committing a crime, as
provided in the applicable Standard Operating Procedures of the Wilkinsburg
Police Department, using a public security camera system or a Security
Camera paid for with government monies for purposes of automatic tracking
is prohibited. Any operator who violates the applicable policies and
procedures relating to automatic tracking shall be subject to administrative
discipline as set forth therein.
D.
ALPR. The prohibitions against automatic tracking, appending data
and automatic identification do not apply to ALPR (automatic license
plate recognition) or ANPR (automatic number plate recognition).
E.
Pan, tilt, or zoom prohibited absent reasonable suspicion of criminal
activity.
(1)
The operator shall not use the pan, tilt or zoom features of a public
security camera or public security camera system in a way that targets
particular individuals absent a reasonable suspicion of criminal or
terrorist activity or of risks to public safety.
(2)
The Wilkinsburg Police Department shall promulgate guidelines for
the use of pan, tilt or zoom features of cameras to prevent use of
such features in a way that discriminates against individuals on the
basis of race, ethnic origin, religion, age, gender, class, economic
status, or sexual orientation.
(3)
Any operator who violates the Wilkinsburg Police Department Regulations
and Procedures for the use of pan, tilt or zoom features of public
security cameras shall be subject to administrative discipline as
set forth therein.
Audio recording is governed by state and federal law and is
separate and apart from the recording performed by the security cameras
in the public right-of-way. Any recordings that capture audio shall
be treated under the provisions of the Pennsylvania Wiretapping and
Electronic Surveillance Control Act, Act of October 4, 1978, P.L.
831, No. 164, 18 Pa.C.S.A. § 5701 et seq., as amended, and/or
the federal Electronic Communications Privacy Act of 1986, Pub. L.
No. 99-508, 100 Stat. 1848 (1986), 18 U.S.C. § 2510 et seq.,
as amended.
All footage and accompanying data from Borough public security
cameras must be automatically deleted or recorded over after expiration
of 10 days, except where retained for a specific criminal investigation
or in connection with an incident that may subject the Borough to
liability. Any operator who violates the applicable policies and procedures
relating to footage retention and deletion shall be subject to administrative
discipline as set forth therein. Neither a Borough operator nor an
employee of the Wilkinsburg Police Department shall be civilly or
criminally liable for destruction of footage or accompanying data
in accordance with the rules established under this section.
Except as otherwise provided in §§ 89-16 through 89-20 of this chapter, or as otherwise required by federal or state laws, the operator or Police Department shall not disclose footage or other data gathered or compiled by or stored in a Borough Public Security system or a Borough public security camera to third parties or provide to or allow third parties to access such footage or data. Access to a Borough public security camera system and its facilities and stored data, including but not limited to control rooms, databases, and cameras, by the Borough operator and its employees or agents shall be limited to enumerated lists of authorized Borough operators, designated by the Chief of Police, who have completed the requisite training program described in this chapter.
A Borough operator or designated member of the Wilkinsburg Police
Department may access and use Borough recorded footage for purposes
consistent with the purpose of the system as articulated in this chapter.
No additional approval is required for such use, once the footage
has been properly retained pursuant to the retention requirements
of this chapter. All access to footage shall be logged indicating
the person who had access, when access took place, what was viewed
and the purpose for the access.
A Borough operator or designated member of the Wilkinsburg Police
Department may not access or use Borough recorded footage for a secondary
purpose except in the circumstances and under the conditions set forth
in the Wilkinsburg Police Department Regulations and Procedures.
When using a Borough public security camera system for approved
purposes, if the operator observes any activities or events arousing
reasonable suspicion of criminal activity or of possible criminal
activity, the operator may use that information for other legitimate
law enforcement activities.
As this chapter pertains to criminal defendants:
A.
In accordance with the Pennsylvania and the Federal Rules of Criminal
Procedure, defendants in criminal cases may obtain public security
camera footage related to the charges pending against them that is
within the Borough's possession, custody, or control.
B.
If public security camera footage is intended to be used in the prosecution's
case in chief in a criminal trial, the criminal defendant shall be
provided with all the information as required by applicable state
and federal laws.
C.
Footage disclosed to criminal defendants under this section shall
not be disclosed to the public, except to the extent necessary to
defend against the criminal charges in the action under which the
footage is disclosed.
As this chapter relates to footage being used in civil suits
between private litigants:
A.
Data collected by Borough public security camera systems is for law
enforcement purposes and shall not be available to the parties or
discoverable in civil trials between private litigants except pursuant
to an order of a court of competent jurisdiction and upon prior request
made within 10 days of the event upon which the claim is based.
B.
Data collected by Borough public security camera systems shall be
made available to the parties in actions based on alleged police misconduct,
but only upon prior request made within 10 days of the event upon
which the claim is based.
C.
Any data collected by Borough public security camera systems which
contains footage relevant to a claim for damages which may be made
to the Borough under the Political Subdivision Tort Claims Act shall
be made available to the Borough and to the claimant if request therefor
is made in writing to the Council President within 10 days of the
event upon which the claim is based.
As this chapter relates to other government entities:
A.
Except as provided in § 89-19B, a governmental entity may not access or use Borough recorded footage.
B.
A governmental authority may apply for an order authorizing access
to Borough recorded footage, provided that such application is made
within 10 days of the footage being compiled. Such applications shall
be in writing upon oath or affirmation of an operator to the Chief
of Police and shall require a full and complete statement of the facts
and circumstances surrounding the incident that has led to a request
for access to Borough recorded footage; a listing of specific cameras
and specific times; specific guidelines to determine whether or not
to grant permission to access Borough recorded footage. These guidelines
should include, but are not limited to, severity of the crime; providing
probable cause that an individual is committing, has committed, or
is about to commit a crime and that access to Borough recorded footage
would provide evidence or information about the crime.
Access to Borough Recorded data and to the physical facilities
of a Borough public security camera system shall be strictly limited
to operators. The Wilkinsburg Police Department shall implement and
maintain reasonable technological security safeguards against such
risks as loss or unauthorized access, destruction, use, modification
or disclosure of Borough public security camera data.
Detailed records shall be kept by the Wilkinsburg Police Department
regarding the operation of and access to the Borough public security
camera system, including:
A.
An ongoing log of all those who maintain, operate, observe, inspect,
or access the public security camera system and/or any data or footage
collected by that system, including the purposes of each activity,
the names of the individuals engaging in that activity, and the times
and dates when such access occurs;
B.
An ongoing log of all recorded footage, including how long the footage
has been retained, why the recorded footage was retained, and copies
of any orders for extended retention, if they exist; and
C.
An ongoing log of all disclosures of recorded footage, including
a description of what is contained in the footage, the names of any
parties to which the footage was disclosed, when the footage was disclosed,
the reasons for disclosure, and copies of any orders for disclosure,
if they exist.
The Wilkinsburg Police Department shall provide training for
all operators of Borough-owned public security camera systems. Selection
of Borough operators and the training of operators shall be in accordance
with the policies and procedures established by the Wilkinsburg Police
Department.
Access to a Borough public security camera system and its facilities and stored data, including but not limited to control rooms, databases, and cameras, by the operator and its employees or agents shall be limited to enumerated lists of authorized operators who have completed the requisite training program described in § 89-23, except where data must be provided to third parties as enumerated in §§ 89-14 through 89-20.
All operators of Borough public security cameras shall sign
a certification that they have read and understand this chapter and
the Wilkinsburg Police Department policies and procedures and acknowledge
the potential sanctions for unauthorized use or misuse of the public
security cameras and public security camera systems.
A.
Notices in locations subject to the Borough public security cameras
shall be posted stating, in clear language, that such location is
subject to observation and, if applicable, recording, by a public
security camera system.
The public may submit comments in writing to the public security
camera Review Committee at any time regarding a particular Borough
installation or the Borough public camera systems in general.
A.
The public security camera Review Committee shall consider the comments
submitted by the public, together with the recommendations of the
Chief of Police, in determining whether or not the Borough public
security camera Installation should remain or proceed and shall notify
the Chief of Police and the public of such determination.
B.
A record of comments and responses shall be maintained by the public
security camera Review Committee. Such record shall be maintained
while the public security camera(s) which is/are the subject of the
comment(s) remain in place and operating and thereafter may be destroyed.
Reviews must be conducted in case of misuse or harm, alterations
or change in purpose.
