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2020 IN H 1238
Author: Chyung
Version: Introduced
Version Date: 01/07/2020

Introduced Version

HOUSE BILL No. 1238

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 5-2-4.5.

Synopsis: Surveillance technology impact and use policy. Requires a state or local law enforcement agency (agency) that uses surveillance technology to prepare a surveillance technology impact and use policy (policy) and post the policy on the agency's Internet web site. Specifies the information that must be included in the policy. Provides that surveillance technology includes a system, equipment, or software used for collecting, processing, sharing or analyzing audio, video, location data, thermal data, license plate data, facial recognition, or other biometric surveillance to produce information about a person's identity. Requires an agency to establish and post a policy with regard to surveillance technology that is in use by the agency on June 30, 2020, not later than January 1, 2021. Requires an agency to post an amended policy before implementing any enhancements to surveillance technology or using the technology in a purpose or manner not previously disclosed through the existing policy.

Effective: July 1, 2020.

Chyung

January 7, 2020, read first time and referred to Committee on Veterans Affairs and Public Safety.

Introduced

Second Regular Session of the 121st General Assembly (2020)

HOUSE BILL No. 1238

A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 5-2-4.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2020]:

Chapter 4.5. Surveillance Technology Impact and Use Policy

Sec. 1. This chapter applies only to a law enforcement agency that uses surveillance technology.

Sec. 2. As used in this chapter, "biometric data" means physiological, biological, or behavioral characteristics that singly, in combination with each other or in combination with other information, may be used to establish individual identity.

Sec. 3. As used in this chapter, "facial recognition or other biometric surveillance" means an automated or semiautomated process that does one (1) or both of the following:

(1) Captures or analyzes biometric data of an individual to identify or assist in the identification of the individual.

(2) Generates, or assists in generating, surveillance information about an individual based on biometric data.

Sec. 4. As used in this chapter, "law enforcement agency" means an agency or department of:

(1) the state; or

(2) a political subdivision of the state;

whose principal function is the apprehension of criminal offenders.

Sec. 5. As used in this chapter, "law enforcement officer" means any member of a state, county, city, or town law enforcement agency. The term includes a state educational institution police officer appointed under IC 21-39-4.

Sec. 6. As used in this chapter, "officer recording device" means a camera or other device that makes an audio, visual, or audiovisual recording that is:

(1) provided to or used by a law enforcement officer in the scope of the officer's duties; and

(2) designed to be worn by a law enforcement officer or attached to the vehicle or transportation of a law enforcement officer.

Sec. 7. As used in this chapter, "surveillance information" means any of the following:

(1) Any information about a known or unknown individual, including the individual's name, date of birth, gender, or criminal background.

(2) Any information derived from biometric data, including assessments about an individual's sentiment, state of mind, or level of dangerousness.

Sec. 8. As used in this chapter, "surveillance technology" means equipment, software, or a system capable of, or used or designed for, collecting, retaining, processing, sharing, or analyzing audio, video, location data, thermal data, facial recognition, or biometric surveillance that is operated by or at the direction of a law enforcement agency. The term includes an officer recording device. The term does not include:

(1) routine office equipment used primarily for administrative purposes;

(2) parking ticket devices;

(3) technology used primarily for internal communication; or

(4) cameras installed to monitor and protect the physical integrity of infrastructure.

Sec. 9. A law enforcement agency that uses surveillance technology shall prepare a surveillance technology impact and use policy. The law enforcement agency shall post the policy on the law enforcement agency's Internet web site not later than ninety (90) days before implementing new surveillance technology.

Sec. 10. The surveillance technology impact and use policy must be in writing and include the following information with regard to a surveillance technology used by the law enforcement agency:

(1) A description of the surveillance technology, including an explanation of the technology's capabilities.

(2) Rules, processes, and guidelines of the law enforcement agency regulating access to or use of a surveillance technology and any prohibitions or restrictions on use, including:

(A) whether the law enforcement agency obtains a court authorization for each use of a surveillance technology; and

(B) what specific type of court authorization is sought.

(3) Safeguards or security measures designed to protect information collected by a surveillance technology from unauthorized access, including the existence of encryption and access control mechanisms.

(4) Policies and practices relating to the retention, access, and use of data collected by a surveillance technology.

(5) Policies and procedures relating to access or use of the data collected through a surveillance technology by members of the public.

(6) Whether other entities outside the law enforcement agency have access to the information and data collected by a surveillance technology, including:

(A) whether the entity is local, state, federal, or private;

(B) the type of information and data that may be disclosed; and

(C) any safeguards or restrictions imposed by the law enforcement agency on the entity regarding the use or dissemination of the information collected by the surveillance technology.

(7) Whether any training is required by the law enforcement agency for an individual to use a surveillance technology or access information collected by a surveillance technology.

(8) A description of internal audit and oversight mechanisms within the law enforcement agency to ensure compliance with the surveillance technology impact and use policy governing the use of a surveillance technology.

(9) Any tests or reports regarding the health and safety effects of the surveillance technology.

Sec. 11. (a) This section applies only to a surveillance technology in use by a law enforcement agency on June 30, 2020.

(b) Not later than January 1, 2021, the law enforcement agency shall establish a surveillance impact and use policy with regard to the surveillance technology and post the policy on the law enforcement agency's Internet web site.

Sec. 12. When a law enforcement agency:

(1) acquires enhancements to surveillance technology; or

(2) uses a surveillance technology for a purpose or manner not previously disclosed through a surveillance technology impact and use policy;

the law enforcement agency shall amend the existing surveillance technology impact and use policy describing the enhancement or additional use. The law enforcement agency shall post the amended policy on the law enforcement agency's Internet web site not later than ninety (90) days before implementing the enhancement or additional use.


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