Metropolitan Nashville and Davidson County, TN - File #: BL2020-457

• File #: BL2020-457
• Type: Bill (Ordinance)
• Status: Passed
• File created: 9/28/2020
• In control: Metropolitan Council
• On agenda: 12/1/2020
• Final action: 12/1/2020
• Title: An ordinance to amend Section 13.08.080 of the Metropolitan Code to restrict the Metropolitan Government from entering into agreements or contracts to acquire surveillance footage or data captured by technology owned by a person or business without the direct consent of that person or business.
• Sponsors: Dave Rosenberg, Freddie OConnell, Bob Nash, Zulfat Suara, Ginny Welsch, Emily Benedict, Sean Parker, Delishia Porterfield

Date	Action By	Action
12/2/2020	Mayor	approved
12/1/2020	Metropolitan Council	adopted
11/17/2020	Metropolitan Council	passed on second reading
11/17/2020	Metropolitan Council	substituted
11/17/2020	Public Works Committee	approved with a substitute
11/17/2020	Public Safety, Beer, and Regulated Beverages Committee	approved with a substitute
10/20/2020	Metropolitan Council	deferred to
10/6/2020	Metropolitan Council	passed on first reading

title
An ordinance to amend Section 13.08.080 of the Metropolitan Code to restrict the Metropolitan Government from entering into agreements or contracts to acquire surveillance footage or data captured by technology owned by a person or business without the direct consent of that person or business.

body
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 13.08.080 of the Metropolitan Code is hereby amended by adding the following provision at the end of subsection C:

"or, (6) Acquiring or entering into an agreement to acquire surveillance footage or data captured by technology owned by a person or business without the direct consent of that person or business absent a judicial warrant or order to the contrary.

Section 2. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Agenda Analysis

Analysis

This ordinance, as substituted, amends Section 13.08.080 of the Metropolitan Code to restrict Metro from entering into agreements or contracts to acquire surveillance footage or data captured by technology owned by a person or business without the direct consent of that person or business. Section 13.08.080 was enacted by Ordinance No. BL2017-646 to limit the use of "surveillance technology" beginning on July 1, 2017. Approval by the Council is required before any department, board, or commission, or any individual acting on their behalf, installs unmanned surveillance technology on any public right of way. Additionally, Council approval can be granted only upon determination that the benefits to citizens and residents of Nashville outweighed the costs; that the proposal will safeguard civil liberties; and that, in the judgment of the Council, no alternative with a lesser economic cost or impact upon civil rights would be as effective.

Section 13.08.080 lists 14 different types of equipment under...