Smart City PDX is delivering two policies that will regulate the use of facial recognition technologies -- in city government operations and by private entities in public places -- to Portland City Council in Spring 2020.
Cities need to address issues concerning technology use and information protection
Technology and information services evolve and complexities emerge from the convenience of using public services. Technology creates both value and unintended consequences with human and civil rights implications. These are emerging public interest issues that cities need to be ready to address.
Facial recognition has been banned in cities like San Francisco and Oakland in California and in Sommerville, Massachusetts after those cities recognized concerns about the accuracy of the technology and the potential negative impacts of biometric data collection as a surveillance tool for communities. The City of Portland is aware of these privacy and digital justice concerns.
The City of Portland Smart City PDX program and the Office of Equity and Human Rights developed a set of privacy and information protection principles that were adopted by the Portland City Council in June 2019. These principles are guiding City of Portland bureaus to create a privacy framework to support data collection and management. Equity values are at the core of these principles.
Public policy has not kept pace with the acquisition and use of new technologies
Smart City PDX is working to address the void by drafting policies and guidelines that address new technologies for City operations. For instance, our privacy principles are helping to establish shared values and ethics across City bureaus in regards to data management. New policy in the City’s use of data and technology must follow these principles.
Smart City PDX is coordinating a citywide privacy work group to put these principles into practice. This group will develop a proposal for implementing privacy best practices for city government. This group will also work on creating the framework for the management of surveillance technologies. In the meantime, we must address more immediate concerns about the use of facial recognition technology.
New draft policy that addresses facial recognition technologies now available
Smart City PDX has released a draft ordinance that bans the City of Portland’s use of facial recognition technology. The City listens to concerns from the public about privacy, data collection and processing. We also know that this technology can harm community members; particularly vulnerable Portlanders and people of color. For example, some studies suggest that the facial recognition error rate is highest when identifying Black women.
Portland city council held a work session on facial recognition in September 2019. This session focused on learning about facial recognition technologies.
Smart City PDX and the Office of Equity and Human Rights are also researching the regulation of facial recognition in public places. Public places are defined in Portland City Code and are those where the general public has access. This includes public property and private property open to the public. This research is in response to requests from City and community leaders.
Smart City PDX is preparing for another Portland City Council work session on Jan. 28, 2020, to explore this issue, and we will welcome Portland organizations and members of the public to share their real-life perspectives.
Resources and next steps
Download the draft of the policy regulating the use of facial recognition technology in City of Portland operations.A policy regulating private facial recognition technologies is at the research stage at the time of this publication.
We will discuss specific issues regarding facial recognition technologies in our next blog post: Bias, privacy, image collection and the sharing of information. After facial recognition is addressed, a broad surveillance technologies policy is next. Decision-making around surveillance technologies need more transparency, accountability and public involvement.