Somerville Approves New Rules For Surveillance Tech

SOMERVILLE, MA – A new policy establishing greater transparency on the use of surveillance in Somerville went into effect this week, city officials announced Thursday. Mayor Joseph Curtatone on Wednesday signed the Executive Policy on Surveillance Technology, which is believed to be the first of its kind in Massachusetts.

The policy includes new approval, operational, public notification and meeting requirements for the purchase and implementation of surveillance technology, with exceptions made for emergency law enforcement needs. A multi-step process is now mandatory before technology may be purchased and operated in the city: the administration must submit any necessary grants or appropriations to the Board of Aldermen prior to acquiring new surveillance equipment and mayoral approval must be preceded by public notification and the opportunity for community meetings.

"New surveillance tools can be critical to effective police work. Meanwhile, privacy and civil liberty protections are critical to a free democracy. That’s why this policy introduces checks and balances designed to keep the public safe from crime as well as from privacy and rights violations," Curtatone said in a statement. "I want to thank the ACLU of Massachusetts, community members, and the examples set by our fellow cities for helping us develop an informed policy that best serves the public interest. I look forward to working with the Board of Aldermen to develop and open and transparent system that best meets the needs of our community."

The policy also states that protocols specifying how the police department's use of the technology will be regulated to protect privacy rights and limit potential abuse, as well as how and when the data will be collected and who will have access to it, must be open and pre-approved.

A city press release said officials worked with the ACLU and the Somerville Police Department to formulate a policy that protects individual liberties while ensuring law enforcement actions continue unimpeded. As such, an exception allows the Somerville Police Department to use surveillance equipment on a temporary basis with pre-approval, akin to obtaining a search warrant.

"Introducing greater transparency and engagement around the tools we use to protect public safety fits right in with our community policing goals," Somerville Chief of Police David Fallon said in a statement. "When we build trust and confidence in our force and our methods, we strengthen the community connections that ultimately help us keep Somerville safe."

Currently, the Somerville Police Department solely relies on video surveillance technology, but the Executive Policy on Surveillance Technology includes "future-proof" requirements that will also apply to emerging technology. In the near future, the Somerville Police Department will post their policies and procedures for video surveillance usage, as well as an inventory of all camera locations in the city. Police said identifying the location of cameras does not lead to more crime, but in fact can be a deterrent.

"Kudos to Mayor Curtatone for taking leadership on this critically important issue," Kade Crockford, Technology for Liberty program director of the ACLU of Massachusetts, said in a statement. "Far too often, police departments across Massachusetts and the country obtain invasive, costly surveillance equipment in the dark, without any meaningful transparency or oversight. This executive policy charts against that trend, requiring public transparency and engagement, thoughtful deliberation, and approval by a democratically elected official before the Somerville police can acquire surveillance technology like drones and cell phone tracking devices."

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