Oversight measures passed to monitor NYPD surveillance tech expansion

In a significant move towards enhancing transparency and accountability, the New York City Council passed a suite of bills this week that are aimed at regulating the New York Police Department’s (NYPD) use of surveillance technologies. The legislative measures seek to address longstanding concerns about the department’s deployment of advanced surveillance tools such as facial recognition software, drones, and robotic devices, which have been criticized for operating under a veil of secrecy.​

Councilmember Jennifer Gutiérrez, chair of the Council’s Technology Committee, emphasized the necessity of these reforms, stating that the NYPD has consistently demonstrated a pattern of secrecy and noncompliance, thereby necessitating legislative intervention to protect New Yorkers from unchecked surveillance and potential abuse. ​

One of the pivotal pieces of legislation mandates the NYPD to develop and publicly share a comprehensive policy outlining the procedures and regulations governing its use of facial recognition technologies. This policy must be accessible on the department’s website and is subject to annual audits to ensure compliance. The findings from these audits are to be shared with the Department of Investigation (DOI), a watchdog agency, and made available to the public, thereby fostering a culture of transparency. ​

Another significant bill amends the 2020 Public Oversight of Surveillance Technology (POST) Act by enhancing its provisions to require the NYPD to publish detailed Impact and Use Policies (IUPs) for each surveillance technology it employs. These IUPs must identify all external entities that receive data collected by the department, outline safeguards against unauthorized data dissemination, and assess potential disparate impacts on protected groups. Additionally, NYPD is required to develop policies governing data access by local, state, or federal agencies and implement an internal tracking system to monitor data sharing instances. ​

A third legislative measure compels NYPD to provide DOI with an itemized list of all surveillance technologies currently in use, along with information on data access and retention policies. The department must also furnish semiannual updates on newly acquired or discontinued technologies and any changes to data policies established in recent contracts. This initiative aims to close existing gaps in surveillance oversight laws and ensure that the DOI has the necessary information to conduct effective oversight. ​

These legislative actions come in response to growing concerns about NYPD’s expanding use of surveillance technologies without adequate transparency. Reports have highlighted the department’s acquisition of advanced tools, including canine-mounted cameras, unmanned submersibles, and robotic dogs equipped with laser mapping and gas detection capabilities. Critics argue that NYPD has often failed to disclose the full extent of these technologies’ capabilities and their deployment practices. ​

The Department of Investigation has also raised concerns about the NYPD’s compliance with existing oversight laws. A 2022 report criticized the department for not providing sufficient details about its drone operations, including capabilities like autonomous flights and 3D mapping. The report recommended that NYPD enhance its policies to accurately describe drone capabilities and usage, thereby increasing public transparency. ​

Advocacy groups have welcomed the new legislation as a crucial step toward holding the NYPD accountable. The New York Civil Liberties Union (NYCLU) emphasized the importance of public awareness regarding the department’s surveillance practices, particularly their impact on vulnerable communities. The NYCLU previously highlighted NYPD’s use of technologies like Stingrays, which can track cell phones without users’ knowledge, often without proper oversight. ​

While NYPD has defended its use of surveillance technologies as essential for public safety, the department has acknowledged the need to balance operational effectiveness with transparency. In response to the new legislation, NYPD has indicated its commitment to complying with the enhanced reporting requirements and working with stakeholders to implement the necessary changes.​

As New York City moves forward with these reforms, the focus remains on ensuring that the deployment of surveillance technologies does not infringe upon civil liberties. The newly enacted laws represent a concerted effort by the City Council to establish clear guidelines and oversight mechanisms, thereby fostering public trust and safeguarding the rights of all New Yorkers.

Article Topics

biometrics  |  facial recognition  |  legislation  |  nypd  |  police  |  surveillance  |  video surveillance