Privacy advocates are alarmed that San Diego Police acquired a new surveillance-related technology without going through the city’s public oversight process, but the police say the platform in question didn’t need that approval.
Why it matters: The contract for the Flock Nova platform was quietly signed in December, as local residents and City Council members questioned police using Flock’s Safety’s other surveillance technology — specifically license plate readers — to assist investigations.
- Police say it was exempt from the city’s surveillance review process, and the department has not used Nova and no longer plans to in the future.
Driving the news: The contract obtained exclusively by Axios via a public records request shows it was for a one-year Flock Nova pilot program.
- The platform integrates police departments’ investigative data from license-plate readers, video footage, 911 dispatch calls, digital police records, evidence and more.
- The Nova service also gives SDPD access to “open source intelligence” and data from other law enforcement agencies, the contract states.
Between the lines: SDPD is required to get approval from City Council and the city’s Privacy Advisory Board (PAB) to add new surveillance technology under the city’s TRUST ordinance.
- But SDPD Lt. Kristopher McAndrew, who oversees such efforts for the department, told Axios that Flock Nova is exempt because it’s used to analyze data from approved surveillance technology, an exemption allowed under the ordinance.
The privacy board didn’t know about the contract until Axios shared it.
- “If something is exempt it never gets to us,” board chair Tim Blood said, noting that the board doesn’t decide whether something qualifies as surveillance technology.
Still, the move isn’t sitting well with privacy advocates concerned about SDPD’s growing surveillance capabilities.
What they’re saying: Homayra Yusufi, a leader of the TRUST SD coalition of nonprofit organizations, told Axios that it’s concerning that the city stuck to a “technical loophole” to sign a contract “in the dark” as hundreds of San Diegans were coming to City Hall saying they don’t want police using Flock technology.
- The city is saying “trust us, we’re not going to use this irresponsibly,” while “secretly signing a new contract for expanding mass surveillance with the same company,” Yusufi said.
San Diego created the TRUST ordinance, privacy board and review process to slow down the adoption of rapidly expanding technology, and give the public a chance to weigh in and better understand what mass surveillance technologies exist, and how it could affect them, before contracts were signed, Yusufi said.
- “This is exactly what we didn’t want to happen, and should not happen anymore,” she said.
- Such technology is “extending the power and the features of the existing Flock license plate readers the city has already acquired,” Yusufi said.
Zoom in: SDPD planned to use the Nova pilot program to improve efficiency by enabling officers to access information for investigations in one platform instead of logging in and searching multiple systems and databases. It wouldn’t have pulled in license plate reader data, according to McAndrew.
- McAndrew said Monday that while the department is not required to notify the public if it started using Nova, police have not activated Nova and aren’t planning on using it.
- “We’re strapped at the moment for resources, so it’s just something we have to put on pause,” McAndrew said.
- There’s no fee for the pilot program, but the annual cost would be $230,000 after the first year, per the contract obtained by Axios.
McAndrew said the department is working to be more transparent and improve the SDPD’s website to show the public how such tech is used…