The New York City Council passed three legislative proposals on April 10th to establish new standards for the use of facial recognition and drone surveillance technologies by the New York City Police Department (NYPD).
In recent years, reports have indicated that the NYPD has been increasing its use of such technologies, but has not been fully transparent about the reasons and methods for officers using these technologies.
The 168-A proposal initiated by Deputy Council Speaker Amanda Farías requires the NYPD to provide a detailed list of all surveillance technologies currently in use by the police force at the request of the New York City Investigation Bureau. It also mandates the sharing of information on data access and retention policies to handle data collected by such technologies.
Furthermore, the proposal also mandates that the NYPD provide updates every six months to the investigation bureau on all newly purchased or discontinued surveillance technologies, as well as updates on any data access and retention policies outlined in recently signed surveillance technology contracts.
Farías stated in a declaration that while the existing Public Oversight of Surveillance Technology (POST) Act was a necessary first step, there were transparency loopholes post-implementation, indicating that it was still insufficient. She emphasized, “This legislation empowers the oversight department… ensuring transparency, accountability, and public trust are at the core of New York City’s use of these surveillance technologies.”
Additionally, Council Member Crystal Hudson’s 233-A proposal requires the NYPD to publish a written policy on its website outlining the procedures and regulations for the department’s use of facial recognition technology. It also calls for an annual audit, sharing of investigation results with the investigation bureau, and publishing them on the department’s website.
Hudson expressed concerns about the use of facial recognition technology in policing, from erroneous arrests due to inaccurate software to the normalization of heightened surveillance and privacy infringements. The 233 proposal allows all New York City residents to access the policy and audit results, with the government having a responsibility to ensure that its development does not come at the cost of sacrificing civil liberties.
Finally, the 480-A proposal initiated by Council Member Julie Won will amend the Public Oversight of Surveillance Technology Act, requiring the NYPD to disclose the impact and usage policies of each distinct surveillance technology used, detailing which entities use data collected from their technology, how data is protected, and the potential implications of such technologies on protected groups.