III. Principles and Rules for Use of Public Video Surveillance Systems
Once a public video surveillance system is authorized, no additional approval is necessary to use the capabilities of the system for “observation.”
“Record” footage from public video surveillance systems only to the extent necessary to further the system’s stated purposes.
Under most circumstances, individuals may be “tracked” or “identified” by a public video surveillance system only pursuant to a warrant: (a) law enforcement must obtain a warrant prior to using a public video surveillance system to track or identify an
individual; (b) law enforcement must obtain a warrant prior to using a “watch list” to automatically identify individuals, except when using a federal anti-terrorism watch list.
A public video surveillance system may be used for legitimate law enforcement purposes other than its original purpose, subject to certain restrictions: (a) no additional approval is required for incidental use of the system; (b) law enforcement must obtain administrative approval for secondary use of “pre-archival” stored video surveillance footage; (c) law enforcement must obtain a warrant for secondary use of “archival” stored video surveillance footage.
Employ technological and administrative safeguards to reduce the potential for misuse and abuse of the system: (a) provide safeguards for use of stored video surveillance data; (b) provide safeguards for personnel with access to a public video surveillance system; (c) provide public notice of surveillance where appropriate.
Prohibit, to the extent possible, sharing of public video surveillance data with third parties, including private litigants, and restrict sharing with other governmental entities.
Establish mechanisms to protect the rights of identifiable individuals captured on video surveillance data.
Apply to any law enforcement use of privately collected video surveillance data the same standards that apply to public video surveillance data.
Provide appropriate remedies for those harmed by misuse or abuse of public video surveillance systems.