Purpose

The City of San José uses parking compliance cameras to photograph, document, and file parking violations. These cameras automatically read license plates to support the issuance of citations for violations where certain restrictions apply such as Residential Permit Parking and Timed Parking. The purpose of the parking compliance cameras is to better enforce certain parking regulations. Aggregated and anonymized versions of parking compliance data may be kept for the Department of Transportation (DOT) planning purposes to inform service improvements. Refer to DOT for more details on parking violations, such as fees and payment options.

Authorized Uses

The Department and authorized vendors can only utilize the parking compliance cameras to take pictures and report the license plate numbers of vehicles violating City parking rules.

Prohibited Uses

Uses of identifying data not explicitly authorized in the “Authorized Uses” section are prohibited. In addition, the City will not use any data to:

• Investigate immigration status;
• Monitor people engaging in legal activity;
• Actively monitor for law enforcement purposes. While law enforcement may request access to previously stored footage, law enforcement is not actively monitoring any data collected by the object detection solutions.

Data Collection

Data collection occurs through cameras attached to City vehicles. Data will only be stored in secure databases by DOT and its trusted vendor partners in compliance with existing Information Technology Department practices.

Notice

Signage and notice will comply with relevant state and federal law. Signage will include a decal on the side of the vehicle that states cameras are present for planning purposes and a quick response (QR) code that links to this webpage for more information on the project.

Retention and Minimization

The parking compliance cameras will not collect any personal information. If the City files a parking violation, the City will retain any data associated with the violation for five years, starting from the last event on a citation record.

Parking Compliance Data Retention Schedule

Access and Accuracy

The data collected and generated from this initiative is subject to relevant local, state, and federal law including, potential California Public Records Act (PRA) requests. Data will not be available for public access unless required pursuant to city, state, or federal law, or a court order. Some personal information may be redacted prior to public disclosure if the City determines disclosure of that information is protected by law.

Aggregated data may be reported to the public for purposes of transparency and accountability. The vendor may be granted access to the raw data only for purposes authorized by the City. Any other such accessing of the data by the vendor is prohibited.

To ensure the system’s accuracy, a parking compliance officer is required to review the picture of the license and the vehicle before any citation is issued.

Accountability

Unless guided under an agreement with external parties, only City staff can access the data. The City reserves the power to review who has access to the data. For example, if the City provides data access to a vendor, the City may review who has accessed the data.

Sharing

Raw or identifiable data will only be shared with partner government and law enforcement agencies when required by law or following the approval of an agreement which specifically outlines what data may be shared and under what circumstances. Authorized vendors acting on behalf of the City may also access raw or identifiable information only as authorized by the City.

Equity and Community Engagement

The City will make a reasonable effort to identify and mitigate any inequity inherent in the parking compliance technology and its implementation. Members of the public may submit any concerns via the public comment feature on the Data Usage Protocols & Public Comment webpage. Comments may also be submitted by emailing digitalprivacy@sanjoseca.gov or mailing the Digital Privacy Officer at 200 E Santa Clara St. San Jose CA 95113, 11th Floor.

Parking compliance camera implementations can impact certain populations more than others. The City of San Jose is cognizant of that concern and will field potential complaints when submitted by emailing: digitalprivacy@sanjoseca.gov. After receiving a complaint, the City will perform an investigation and determine a corrective action plan, if necessary.

The City has conducted community engagement around the use of parking compliance cameras and is available to discuss concerns through the contact methods outlined above.

Storage and Security

Data will be stored in a method approved by the City’s Cybersecurity Office. If any personal information is stored or managed by a vendor, the City’s Cybersecurity Office must approve of the vendor’s data storage and data security.

In the event of a confirmed data breach where personal information such as photographs or video have been accessed by an unauthorized party, DOT will follow the City of San José’s Incident Response Plan (found in the City of San José Information Security Standards Handbook). This security protocol and further security details can be found in City Policy Manual 1.7.6 and are overseen by the City’s Cybersecurity Office.

Training

City staff responsible for the parking compliance cameras and vendor staff using them on behalf of the City are responsible for following Protocol outlined by the CPO. The vendor is responsible for training relevant Department staff (as determined by Department) to manage the system. Training will cover:

• Logging into the system and accessing information;
• Process to validate Solution output;
• Exporting data from vendor platform into the City’s data center (if applicable);
• Transparency tools to audit all vendor processes and data used in the process of providing services to the City;
• Managing data retention and storage; and
• Privacy considerations when using the system.

Annual Data Usage Report requirements

To provide the City and the public with ongoing reporting on the usage and accuracy of the parking compliance cameras, the following information will be required in an Annual Data Usage Report submitted every year to the City Privacy Officer (CPO) no later than March 1 and covers the previous calendar year (January 1 to December 31). In the year this Data Usage Protocol goes into effect, the Department is only required to report on the period from the date the Data Usage Protocol goes into effect until the end of the calendar year.

The CPO will release the report to the public once private, confidential, and otherwise sensitive information is removed. The CPO shall release the report within 90 days of receiving it from the department, unless additional time is required to remove private, confidential, and sensitive information. If the DPO needs additional time, they shall provide a notice of extension to the public via the Digital Privacy webpage.

Summary of the project and updates since the prior year, including detail on value to the department:

• Plans for future years, including any planned expansion of project or shift in data usage
• Reporting metrics on parking compliance cameras usage and accuracy including:
  • Number of parking violations issued by census tract; similar to the number of reads by location, the Department will either:
    • Report directly the number of parking violations by census tract; or
    • Provide the CPO with access to the parking compliance camera reads database, including the latitude and longitude of each read and if the read was a violation, from which the CPO can report by location as needed.