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Discussion on data retention policies in NYPD's Impact and Use Policies

2:21:59

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Council Member Jennifer Gutiérrez questions NYPD Deputy Commissioner Michael Gerber about the lack of specificity in data retention procedures highlighted in DOI's recommendations. Gerber explains that while they often address DOI's identified gaps, some recommendations are not statutorily mandated by the POST Act.

NYPD acknowledges areas for improvement in IUPs but maintains that some DOI recommendations go beyond POST Act requirements
Gerber indicates NYPD's willingness to consider case-by-case improvements in data retention disclosures
Discussion highlights ongoing tension between transparency demands and NYPD's interpretation of legal obligations

Jennifer Gutiérrez

2:21:59

I have a couple of questions, but just off of the the IUP discussion, I know that many of the recommendations made by DOI in the commissioner's testimony were regarding a lack of specificity around data retention.

2:22:15

I think for the 2020 the 2023 report specifically, I don't know if you have her testimony in front of you, but there are a number of the recommendations that she shared in her testimony today were regarding not enough not not sufficient information in procedures related to data retention.

2:22:36

Yes.

2:22:37

So my my question is, how do you all look at the relevance of the specificity of data, specifically the DOA is asking about DOI is asking about, and how do you is this a practice that you all intend on improving for the next reporting or just moving forward?

Michael Gerber

2:22:58

Right.

2:22:59

So I will say, I think there are a few places where, and Commissioner Straubber mentioned this earlier, there's a few places where we have continued to reject DOI's recommendations.

2:23:12

And those are places, think this will cover most of it, mean not all, most of it are places where DOI acknowledges it's not required by the post act.

2:23:21

And these are recommendations of things that, you know, basically DOI things we should do but are not statutorily mandated.

2:23:29

You know I think we may well have revisions to the post act that are going to mandate additional disclosures in this space and then we're going to abide by that.

2:23:41

I certainly think we we do describe sort of what our baseline data retention policies for our surveillance technologies.

2:23:53

You know, going forward to the extent there are particular technologies where DOI thinks we need more, we can hear that on a case by case basis, but again, you know, in my experience, a lot of the time, most of the time, when DO identifies particular gaps in the IUPs, we're usually amenable to changing that.

2:24:15

It's not 100%, but we often are.

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