AGENCY TESTIMONY
NYPD's concerns and negotiations regarding Intro 480
0:58:22
ยท
94 sec
Gerber expresses the NYPD's concerns about Intro 480, which would amend the POST Act to require separate Impact and Use Policies (IUPs) for each surveillance technology. He outlines potential issues with the current draft but indicates ongoing negotiations to address these concerns.
- The NYPD opposes the legislation as currently drafted due to ambiguity and potential operational burdens.
- Gerber highlights concerns about the requirement for new IUPs for minor technology changes or upgrades.
- He mentions productive dialogues with advocacy groups and the bill's sponsor to find a compromise that expands disclosure without undermining public safety efforts.
Michael Gerber
0:58:22
Intro four eighty would amend the post act to require, among other things, a separate IUP for each surveillance technology used by the NYPD regardless of whether such technology overlaps in functionality or capability with any other technology which an I for which an IUP already exists.
0:58:42
We are not sure what is intended by that language.
0:58:46
At best, it is ambiguous and will lead to confusion regarding the department's disclosure obligations.
0:58:53
At worst, it could be read to suggest that even the slightest alteration in functionality requires a new IUP, followed by a public notice and comment period and a ninety day delay before the new hardware can be used.
0:59:08
We would need a new IUP every time we upgrade our officers' cell phones, buy a different make or model of camera, or purchase new covert recording devices for undercover officers.
0:59:19
This would be very harmful to the daily functioning of the department and could serve to compromise public safety.
0:59:26
The department opposes the legislation as drafted.
0:59:30
I would note, however, that we have been in dialogue with advocacy groups regarding proposed changes to the post act in an effort to formulate revisions to Intro four eighty that will meet their concerns relating to privacy and transparency without undermining the department's public safety efforts.
0:59:46
That dialogue, extending over many months, has been detailed and productive.
0:59:52
And I understand that the sponsor of the bill has been supportive of these efforts.