St. Louis Executive Order No. 87 (police use of AI)

Proposed 2024-02-23 | Enacted 2024-02-23 | Official source

Summary

Limits SLMPD's AI use to cases with reasonable suspicion of criminal activity. Requires SLMPD to publish policies on AI and surveillance technology use. Mandates annual transparency reports. Prohibits unauthorized sharing of data. Demands vendor compliance with privacy standards.

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Key facts

🏛️ This document has been enacted by the city of St. Louis. For authoritative text and metadata, visit the official source.

📜 This document's name is Executive order No. 78 (St. Louis). AGORA also tracks this document under the name St. Louis Executive Order No. 87 (police use of AI).

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Full text

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An Executive Order relating to transparency and accountability in the use of surveillance technologies used for law enforcement and public safety purposes by the City of St. Louis Metropolitan Police Department (“SLMPD”): WHEREAS, governments have a responsibility to respect and protect democratic principles, human rights, and fundamental freedoms; and WHEREAS, governments should be transparent regarding the types of surveillance technologies they use for law enforcement purposes and the expenditure of public funds for such technologies; and WHEREAS, governments should be transparent regarding the retention, destruction, and access to information and data collected through surveillance technologies; and WHEREAS, the responsible use of surveillance technologies for law enforcement purposes works to protect individual privacy, personal data, human rights and fundamental freedoms, and fosters transparency, accountability, and civic participation, while appropriately and effectively pursuing legitimate public safety objectives; and WHEREAS, when used responsibly and in a manner consistent with democratic principles, human rights, and fundamental freedoms, surveillance technologies can ensure the rights and liberties of City residents are maintained, while serving as important tools for protecting, preserving, and promoting public safety; and WHEREAS, governments should also hold any vendors of surveillance technology being used for law enforcement purposes accountable for protecting individual privacy, personal data, human rights, fundamental freedoms, and for upholding transparency and accountability; and WHEREAS, SLMPD has taken important steps to provide transparency into their policies pertaining to use of surveillance technologies, and building further upon them through executive action ensures they will remain the policy of the City of St. Louis long-term; NOW, THEREFORE I, TISHAURA O. JONES, MAYOR OF THE CITY OF ST. LOUIS, DO HEREBY DECLARE AND ORDER AS FOLLOWS, EFFECTIVE IMMEDIATELY:
SECTION ONE. Definitions. A. For the purposes of this Executive Order, the following terms shall have the following definitions: a. “Artificial Intelligence,” a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and which uses machine- and human-based inputs to: perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition shall comply with the meaning set forth in 15 U.S.C. 9401(3);
b. “Acquisition” or “acquire,” to obtain, purchase, lease, subscribe to a service, rent, borrow, create, develop, accept grant or other public funds, in-kind or other donations, or otherwise use surveillance technology, with or without exchange or monies, consideration, or fees; c. “Criminal Intelligence Information,” data which has been evaluated by the St. Louis Metropolitan Police Department (“SLMPD”) to determine that it is relevant to the identification of and the criminal activity engaged in by an individual who or organization which is reasonably suspected of involvement in criminal activity; d. “Criminal Intelligence System,” the arrangements, equipment, facilities, and procedures used for the receipt, storage, interagency exchange or dissemination, and analysis of criminal intelligence information operating through support under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3711, et seq., as amended and 28 C.F.R. Part 23;
e. “Surveillance Technology,” equipment, devices, software, or systems capable of, or used or designed for, collecting, retaining, processing, intercepting, monitoring, analyzing, or sharing audio, video, digital, location, thermal, biometric, behavioral, or similar information or communications which are specifically associated with, or capable of being associated with, any specific individual or group, activities, behavior, or changing conditions, operated by or at the direction of the SLMPD for the purpose of aiding in the prevention of criminal activity or the investigation of suspected criminal activity. i. For the purposes of this Executive Order, “Surveillance Technology” shall not include the following: 1. Technology that monitors City employees related to their employment and their performance of official duties, whether they are on or off duty; 2. Technology that is used for the protection of City physical and information technology infrastructure; 3. Police radio and dispatch systems; 4. Software used by the SLMPD to access information held on lawfully-obtained devices within the SLMPD’s custody; or 5. Any of the following unless they have been equipped with or are modified to become or include, a surveillance technology, as defined herein: a. Routine office hardware, such as televisions, computers, and printers, that are in widespread public use; b. Parking ticket devices; c. Devices that are not capable of recording, transmission, retention, or remote access; or d. Routine recording technology used in forums in which consent of all parties recorded is obtained.
SECTION TWO. Use of Surveillance Technology and Artificial Intelligence. A. The SLMPD shall not collect surveillance technology information for the purpose of surveilling political, religious or social views, or associations of any individual or any group, association, corporation, business, partnership, or other organization, unless criminal intelligence information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity, or the criminal intelligence information serves a legitimate public safety purpose to mitigate risks to life or bodily harm.
B. The SLMPD’s use of any artificial intelligence for criminal intelligence information shall uphold the legal principles of reasonable suspicion of criminal conduct or activity and relevancy to that criminal conduct or activity. C. The SLMPD’s participation in any criminal intelligence system must adhere to 28 C.F.R. Part 23.
D. Nothing in this Order shall be deemed to impede the performance of a police officer’s duties in violation of Section 84.341 of the Revised Statutes of Missouri, nor shall this Order prohibit: a. The collection, maintenance, use, or storage of data from the City’s fixed or mobile cameras installed or deployed to monitor public areas (including streets, sidewalks, alleys, parks, and plazas) for purposes of security, crime detection, and investigation of ordinance violations; b. The collection, maintenance, use, or storage of data obtained from privately-owned cameras that monitor public areas for purposes of security, crime detection, and investigation of ordinance violations; c. The collection, maintenance, use, or storage of data from cameras installed on City police vehicles or from body-worn cameras; d. The use of data lawfully obtained in the course of an investigation of a crime or ordinance violation; or e. The retention of records otherwise required by law.
E. The SLMPD shall create and make publicly available written policies for its use of any surveillance technology and its use of any artificial intelligence systems. Such policies shall be in compliance with applicable federal and state laws and regulations. For each surveillance technology or artificial intelligence system, such policies shall include: a. A description of the technology and its capabilities; b. Rules, processes, or guidelines for the SLMPD’s use of such technology; c. Rules, processes, or guidelines relating to the retention, access, and use of data and information collected by such surveillance technology.
F. The SLMPD shall ensure that criminal intelligence system information collected through surveillance technology is obtained and used in compliance with applicable federal or state laws and regulations as well as City ordinances. G. Nothing in this ordinance shall limit the ability of the SLMPD to access, collect, or disseminate criminal intelligence information gathered through surveillance technology or artificial intelligence technology when necessary to avoid imminent danger to life or property.
SECTION THREE. Annual Transparency Report on Surveillance Technology Use. A. Annually, the Police Commissioner shall provide a report on the SLMPD’s use of surveillance technology to the Board of Aldermen’s Committee on Public Safety, or its successor. Such report shall be public and include, but not be limited to, the following information: a. A description of the capabilities of each type of surveillance technology in use by the SLMPD, including any artificial intelligence systems utilized as part of surveillance technology; b. How many units of each surveillance technology the SLMPD possesses; c. Metrics used to measure the impact of existing surveillance technology on crime reduction; d. The amount and type of funding expended to acquire or use surveillance technology during the previous fiscal year; e. The number of vehicles identified by SLMPD license plate reader cameras; f. Storage policies for surveillance data collected by the SLMPD; g. A list of resident complaints or comments related to the SLMPD’s use of surveillance technology received by the SLMPD. No personally identifying information shall be included as part of this list; h. Aldermanic requests for the use of surveillance technology by ward; i. As permitted by law, a list of task force memberships and/or routine partner agencies that may utilize surveillance technology that is not acquired by SLMPD; and j. General information regarding the deployment of surveillance technology.
SECTION FOUR. Transparency in Surveillance Technology Appropriations. A. As part of their annual budget request, the SLMPD shall provide to the City’s Budget Division line-item detail regarding funding to acquire or use surveillance technology within the previous fiscal year. B. This information shall also be provided by the Police Commissioner to the Board of Aldermen Committee on Public Safety, or its successor, as part of the annual report as provided under Section Three of this Executive Order. SECTION FIVE. Missouri Sunshine Law Compliance. A. Nothing in this executive order shall be interpreted to mandate the public disclosure of information that is required by law to be a closed record, or the releasing of a record.
SECTION SIX. Oversight Over Surveillance Technology and Artificial Intelligence Vendors. A. The SLMPD shall consult with the City’s Information Technology Services Agency when making any purchase of any surveillance technology or artificial intelligence technology following the effective date of this ordinance. B. Any vendor providing an artificial intelligence technology used by the SLMPD to collect and maintain criminal intelligence information concerning an individual or entity shall not provide access to, share, sell, or otherwise make available or accessible criminal intelligence information or data the vendor collects through such a system to or for any individuals, parties, or entities who are not authorized by the SLMPD to access such criminal intelligence information or data, other than individuals, parties, or entities involved in the prosecution of, defense against, or adjudication of an alleged violation of federal, state, or local laws or ordinances. C. In no instance shall any vendor providing surveillance technology or an artificial intelligence technology used by the SLMPD to collect and maintain criminal intelligence information concerning an individual or entity sell or otherwise provide access to, share, or otherwise make available or accessible the criminal intelligence information or data collected through such system for anything of value, unless authorized pursuant to Subsection B of this Section and a Memorandum of Understanding. D. Within six months of the effective date of this ordinance, the SLMPD shall identify for the Director of the Department of Public Safety any contracts which may not be compliant with subsections B and C of this section.
SECTION SEVEN. Surveillance Technology and Artificial Intelligence Technology Information Access. A. In no instance shall the SLMPD provide access to, share, or otherwise make available or accessible the criminal intelligence information or data collected through any surveillance technology or artificial intelligence technology utilized by the SLMPD, to or for any individuals, parties, or entities who are not authorized by the SLMPD to access such criminal intelligence information or data, other than individuals, parties, or entities involved in the law enforcement investigation, legal prosecution of, legal defense against, or legal adjudication of an alleged violation of federal or state laws or local ordinances. B. The SLMPD shall create and make publicly available written policies for the need to know and right to know standards for use and dissemination of its criminal intelligence information to other law enforcement agencies. Such policies shall be in compliance with applicable federal and state laws and regulations. C. All access to criminal intelligence information and data collected or maintained by the SLMPD through the SLMPD’s use of surveillance technology shall be provided in compliance with applicable federal and state laws and regulations.
SECTION EIGHT. Surveillance Technology Information Retention and Storage. A. Any criminal intelligence system utilized by the SLMPD shall comply with the provisions of Subsection C of Section Two of this Executive Order. B. Within six months of the effective date of this ordinance, the SLMPD shall identify for the Director of the Department of Public Safety any contracts which may not be compliant with Subsection A of this section. C. Criminal intelligence information collected by the SLMPD as a result of the use of surveillance technology shall be stored in a manner such that it cannot be modified, destroyed, accessed or purged contrary to the Missouri Police Clerks Records Retention Schedule and policy set forth by the Police Commissioner. D. The SLMPD shall create and make publicly available written policies for the storage and retention of criminal intelligence information collected through the SLMPD’s criminal intelligence systems. Such policies shall be in compliance with applicable federal and state laws and regulations, including but not limited to laws and regulations pertaining to the review, retention, and destruction of criminal intelligence information. E. All storage and retention of criminal intelligence information and data collected or maintained by the SLMPD through the SLMPD’s use of surveillance technology shall be done in compliance with applicable federal and state laws and regulations. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of St. Louis this 23rd day of February, 2024