San Diego privacy board seeks more police tech oversight
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San Diego's Privacy Advisory Board is asking to be more involved in the city evaluating surveillance technology following Axios' exclusive reporting on the police department's Flock Nova contract.
Why it matters: The board was created to review how city departments use surveillance technology, but it was kept in the dark about this contract.
- Chair Tim Blood told Axios he wants to change that.
Driving the news: Blood said he is reaching out to the mayor and city attorney to develop a more formal process for getting privacy board members involved in determining whether new tools should be defined as surveillance under San Diego's TRUST ordinance.
- The TRUST ordinance was enacted in 2022 and amended with exemptions in 2024. In the Flock Nova case, police said the software analyzes data from already approved surveillance technology, so the contract didn't need to go before the board.
- "For things that are a little closer call, there should probably be at least a dialogue between members of the privacy board and the city attorney's office," which directs the police department on interpreting the ordinance, Blood said.
- He's not challenging the call made in this case, but said board members should at least be kept in the loop before contracts like this are signed.
Community members and board members shared their concerns about Axios' reporting on the new Flock contract at a privacy board meeting last week as well.
Between the lines: As independent volunteers, board members don't know what new tools the city is purchasing that could be considered surveillance technology, Blood said.
- But board members have legal, cyber security and other expertise, which gives them the technical know-how to weigh in on such evaluations, he said.
Catch up quick: The city never told the privacy board, City Council or the public about acquiring the Flock Nova platform in December because it determined the technology was exempt from the city's public review process.
- The software integrates police departments' investigative data from different sources, including license plate readers, 911 dispatch calls and more.
- Still, privacy advocates raised alarms over transparency and the fact that the contract was signed amid other public backlash to Flock Safety.
What they're saying: Communication between the privacy board, SDPD and the mayor's office has strengthened in recent years, and exemption determinations are made as outlined in the TRUST ordinance, the mayor's office said in a statement.
- The city attorney's office added that it provides legal advice to city officials and staff but does not make the final call on what is exempt or not.
"Using an exemption to move forward with this contract was inappropriate and continues to erode public trust, especially as residents and the Council raised strong concerns about Flock," Councilmember Henry Foster III told Axios via email.
- The exemption used to not share information on the Flock Nova contract "was intentional and planned by SDPD, and the Council should not have accepted it," he said.
- Foster said he's still concerned about doing business with Flock, with a former SDPD captain now working for the company, and "while SDPD pursues sole-source contracts."
What we're watching: SDPD says it is not using Flock Nova and does not plan to incorporate license plate reader data into it.
- But if SDPD does pull data from a covered surveillance technology into the platform, that would need to be reported to the board for approval because it's an expansion of the tool, Blood said.