"Body-worn camera system"
means a body-worn audio/video recording system primarily consisting of a camera and an internal battery pack.
"Digital multimedia evidence (DME)"
means all digital recordings, including but not limited to audio, video, photographs, and their associated metadata. Metadata includes any digital identifiers that are captured as part of the actual recording, such as date/time, GPS coordinates, labeling, etc.
"Facial recognition"
means an automated or semi-automated process that assists in identifying or verifying an individual, or capturing information about an individual, based upon analysis of the individual's face.
"Facial recognition technology"
means any computer software or application that performs facial recognition.
"Real-time"
describes the operation or execution of an action or process, by either human or technological means, contemporaneous to an identified event.
"Surveillance" or "surveil"
means to observe or analyze the movements, behavior, data, or actions of individuals. Individuals include those whose identity can be determined through use of information maintained by the department of motor vehicles either independently or when combined with any other record.
"Surveillance technology"
means any software, electronic device, system utilizing an electronic device, or similar used, designed, or primarily intended to collect, retain, analyze, process, or share audio, electronic, visual, location, thermal, olfactory, biometric, or similar information specifically associated with, or capable of being associated with, any individual or group.
"UA/Unmanned aircraft"
means an aircraft that is intended to navigate in the air without an on-board pilot. Also alternatively called a remotely piloted aircraft (RPA), remotely operated vehicle (ROV), or drone.
"UAS/Unmanned aircraft systems"
means a system that includes the necessary equipment, network, and personnel to control an unmanned aircraft.
(AO No. 2023-35(S-1), § 1, 4-18-2023; AO No. 2024-69, § 2, 7-30-2024)
A. 
In order to protect the constitutional right to privacy, as set forth in the Alaska State and U.S. Constitutions, of persons in the Municipality of Anchorage, and to ensure their safety, the following uses of Unmanned Aircraft Systems (UAS) by departments, agencies and contractors of the Municipality of Anchorage (MOA) are restricted as follows:
1. 
A UAS shall not be used in violation of AS 18.65.900—18.65.909 Law Enforcement Use of Unmanned Aircraft Systems;
2. 
A UAS shall not be used for routine patrol activities;
3. 
A UAS shall not be used for warrantless searches that are specifically seeking evidence as part of a criminal investigation;
4. 
A UAS shall not be used in a manner that violates a person's reasonable expectation of privacy unless supported by a warrant, or in accordance with a judicially recognized exception to the warrant requirement;
5. 
A UAS shall not be weaponized, nor shall it be used as a weapon;
6. 
A UAS shall not be used for any surveillance of persons or groups involved in constitutionally protected activities;
7. 
A UAS shall not be used for traffic enforcement activities, except to the extent that such use relates to an accident investigation; and
8. 
An MOA owned UAS shall not be permitted to be used by any non-Municipality of Anchorage agency including, but not limited to, agencies of the State of Alaska or agencies of the United States of America.
(AO No. 2018-5, § 1, 2-13-2018; AO No. 2023-35(S-1), § 1, 4-18-2023)
A. 
The use facial recognition technology in conjunction with or, as component of, any real-time surveillance or surveillance technology by the municipality or any municipal staff shall be unlawful.
B. 
Notwithstanding any other provision of this chapter except for the exceptions provided in section 3.102.030, it shall be unlawful for the municipality or any municipal staff to obtain, retain, request, access, or use:
1. 
Facial recognition technology; or
2. 
Information obtained from facial recognition technology.
C. 
Municipal staff's inadvertent or unintentional receipt, access of, or use of any information obtained from facial recognition technology shall not be a violation of this section, provided that:
1. 
Municipal staff did not request or solicit the receipt, access of, or use of such information; and
2. 
Municipal staff logs such receipt, access, or use in its Annual Surveillance Report as referenced by section 3.102.040. Such report shall not include any personally identifiable information or other information the release of which is prohibited by law.
D. 
Any evidence or information obtained through facial recognition technology, regardless of whether it was obtained lawfully, shall not be included in an affidavit to establish probable cause for purposes of issuance of a search warrant or an arrest warrant.
E. 
Exceptions.
1. 
Nothing in this chapter shall prevent the municipality from:
a. 
Acquiring, obtaining, retaining, or accessing facial recognition technology on an electronic device intended for a single user, such as a mobile communication device, cellular phone or tablet, when the facial recognition technology is used solely for the purpose of the user;
b. 
Acquiring, obtaining, retaining, or accessing social media or communications software or applications intended for communication with the general public that include facial recognition technology, as long as the municipality does not intentionally use the facial recognition technology;
c. 
Having custody or control of electronic devices that include facial recognition technology when such electronic devices are held by the municipality solely for evidentiary purposes;
d. 
Acquiring, obtaining, retaining, or accessing facial recognition technology solely for the purpose of using automated or semiautomated redaction software;
e. 
Complying with the National Child Search Assistance Act, 34 U.S.C. §§ 41307—413087, or other federal statutes requiring cooperation in the search for missing or exploited children; or
f. 
Participate in, coordinate with, or otherwise be involved with multi-agency law enforcement investigations, working groups or task forces. Specifically, municipal law enforcement may intentionally work with third party agencies using Facial Recognition Technology to identify:
i. 
Human remains or suspected missing persons;
ii. 
Suspected victims of human trafficking; or
iii. 
Suspected victims of child abuse or exploitation.
2. 
It shall not be a violation of this chapter for the municipality to acquire, obtain, or retain facial recognition technology when all the following conditions exist:
a. 
The facial recognition technology is an integrated, off the shelf capability, bundled with software or stored on a product or device;
b. 
Other functions of the software, product, or device are necessary or beneficial to the performance of municipal functions;
c. 
The software, product, or device is not acquired for the purpose of performing facial recognition;
d. 
The facial recognition technology cannot be deleted from the software, product, or device;
e. 
The municipality does not use the facial recognition technology; and
f. 
The municipal department, agency or official seeking to acquire the software, product, or device discloses the integrated, off the shelf facial recognition technology that cannot be deleted to the assembly when seeking to acquire the software, product, or device.
F. 
Recognizing that changes in technology and circumstances may require additional exceptions to the requirements of this section, the assembly may approve such additional exceptions by resolution, under the following conditions:
1. 
Any municipal department that requests an exception to the restrictions of section 3.102.020 shall include in its request to the assembly an explanation of the need for an exception, a description of how the technology or information will be used, and a plan for monitoring the technology or information to ensure that its use remains within the approved parameters.
2. 
The assembly may approve the proposed exception by resolution pursuant to a public hearing, with or without revisions and conditions, for a period of no longer than 90 days, if it finds that the exception is consistent with the stated goals of preventing discrimination and promoting privacy, transparency, and the public trust.
3. 
Upon conclusion of the period of temporary exception, the department shall submit a report of its uses of the technology or information to the assembly. The department may at that time or subsequently request the assembly make the exception permanent by ordinance adding it under section 3.102.030D.
4. 
A department that has obtained a permanent exception shall submit an annual summary of its uses of the technology or information as part of the Annual Surveillance Report under section 3.102.040 to the assembly. This summary shall not include personally identifiable information.
G. 
Additional permanent exceptions.
1. 
(Reserved)
(AO No. 2023-35(S-1), § 1, 4-18-2023; AO No. 2024-69, § 3, 7-30-2024)
A. 
There shall be a body-worn camera policy governing the employment and use of body-worn cameras, to include the standards for the storage, preservation, review, release and disposition of digital multimedia evidence by the Anchorage Police Department.
1. 
The policy shall contain a mandatory procedure and timeline for the review and release of body-worn camera footage of critical incidents. The policy may provide for footage to be edited or redacted, but shall ensure that the footage released is a fair, accurate, and thorough depiction of the critical incident. A delay beyond the established release date shall constitute a denial of any pending public records request, upon which the requestor may, notwithstanding the provisions of section 3.90.060, immediately seek appropriate relief from the superior court.
2. 
The policy shall be reviewed by the municipal attorney and approved by the chief of police.
B. 
Any use of body-worn cameras or digital multimedia evidence shall be in accordance with the approved body-worn camera policy. Failure to adhere to the policy may be considered grounds for corrective action or discipline under established police department policies and procedures.
(AO No. 2024-69, § 1, 7-30-2024[1])
[1]
Editor's note — This ordinance also provided for the repeal of former § 3.102.030, which pertained to exceptions and derived from AO No. 2023-35(S-1), 4-18-2023.
A. 
No later than June 1 of each year, the mayor or a designee shall transmit to the assembly and cause to be publicly posted on the municipal website an Annual Surveillance Report with all the following information:
1. 
For each municipal department and agency that used a UAS in the preceding calendar year:
a. 
The number of instances in which a UAS was used;
b. 
A general description of the type and purpose of each instance that sufficiently explains how the use was not prohibited by this chapter, and, if applicable, whether the use was pursuant to a search warrant, a court order, or a judicially recognized exception to the warrant requirement, and the final disposition of evidence resulting from each instance; and
c. 
Any new policy, or change in department or agency policy, related to the use of UAS or facial recognition technology.
2. 
For each municipal department or agency using facial recognition technology under an exception under section 3.102.030:
a. 
The number of instances in which facial recognition technology was used or information derived from facial recognition technology was received or used under exceptions in section 3.102.030A.4, A.5, A.6, C and D;
b. 
A general description of the type and purpose of each instance that sufficiently explains how the use was not prohibited by this chapter, and, if applicable, whether the use was pursuant to a search warrant, a court order, or a judicially recognized exception to the warrant requirement, and the final disposition of evidence resulting from each instance; and
c. 
Any new policy, or change in department or agency policy, related to the use of facial recognition technology.
3. 
The annual report shall also include the following information:
a. 
The number of arrests made by APD where UAS was utilized in a related incident response or investigation, regardless of whether the information gathered from the UAS was used to establish probable cause.
b. 
The detailed log of every unauthorized receipt, access, or use of facial recognition technology or information derived from facial recognition technology. The log shall denote how the unauthorized access occurred, what corrective steps have been taken, and the final disposition of any evidence or information improperly received.
(AO No. 2023-35(S-1), § 1, 4-18-2023)
A. 
Any municipal employee who violates a provision of this chapter may be subject to discipline in accordance with the municipality's disciplinary policies and procedures and applicable collective bargaining agreements. Violation of this ordinance by any official or employee of the municipal is grounds for suspension or termination. The disciplinary action may require the violator to participate in retraining.
B. 
Private cause of action.
1. 
Any violation of this article constitutes an injury and any person so injured may institute proceedings in the Superior Court in a civil action seeking injunctive relief, declaratory relief, damages, and attorney's fees. Any action instituted under this paragraph shall be brought against the municipality. If applicable, such action may also be brought against any third party with whom the municipality contracted or entered into an agreement.
2. 
Any person who has instituted proceedings under the previous paragraph and is found to have been subjected to face surveillance in violation of this article, or about whom data or information is found to have been obtained, retained, stored, possessed, accessed, used, or collected in violation of this article, shall be entitled to recover actual damages not less than the greater of:
a. 
$1,000.00 for each violation of this article; or
b. 
$10,000.00.
3. 
Any prevailing plaintiff in any action brought under this subsection shall be entitled to the award of costs and reasonable attorney's fees.
(AO No. 2023-35(S-1), § 1, 4-18-2023)