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Liberty & Security Initiative Cheat Sheet by

Constitution Project’s Liberty & Security Initiative
security     project     privacy     public     constitution     liberty     surveillence

Introd­uction

The Consti­tution Project’s Liberty and Security Initiative has formulated guidelines to assist local and state officials charged with author­izing, designing, and managing public video survei­llance systems. These guidelines will help commun­ities meet the challenge of reconc­iling Americans’ strong and legitimate interest in protection against terrorism and other dangers with their longst­anding and consti­tut­ion­all­y-e­nsh­rined commitment to individual freedom. In addition, these guidelines can lower the overall cost of a video survei­llance system by identi­fying unnece­ssary or ineffe­ctive aspects of the design and reducing the likelihood of legal challenge to public video survei­llance.

I. Core Principles

I. Core Principles Governing the Creation and Design of Public Video Survei­llance Systems

Create a public video survei­llance system only to further a clearly articu­lated law enforc­ement purpose.
Create permanent public video survei­llance systems only to address serious threats to public safety that are of indefinite duration.
Ensure that public video survei­llance systems are capable of effect­ively achieving their articu­lated purposes.
Compare the cost of a public video survei­llance system to altern­ative means of addressing the stated purposes of the system.
Assess the impact of a public video survei­llance system on consti­tut­ional rights and values.
Design the scope and capabi­lities of a public video survei­llance system to minimize its negative impact on consti­tut­ional rights and values.
Create techno­logical and admini­str­ative safeguards to reduce the potential for misuse and abuse of the system.
Ensure that the decision to create a public video survei­llance system, as well as major decisions affecting its design, are made through an open and publicly accoun­table process

II. Publicly Accoun­table Procedures

II. Publicly Accoun­table Procedures for Establ­ishing Public Video Survei­llance Systems

For permanent or long-term public video survei­llance systems, conduct a civil liberties impact assessment and overall cost-b­enefit analysis through a public delibe­rative process that includes community input.

For temporary public video survei­llance systems, demons­trate to a neutral magistrate that the system has no greater scope or capabi­lities than reasonably necessary to achieve a legitimate law enforc­ement purpose.
 

Survei­llence

III. Principles and Rules for Use

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.

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