Austin City Code § 2-19-1 DEFINITIONS.
§ 2-19-1 - DEFINITIONS.
In this chapter:
(1) EXIGENT CIRCUMSTANCES means a single or multiple related events, incidents, or circumstances creating or involving imminent risk of serious injury, loss of life, significant property damage, destruction of evidence in a criminal case, or damage to the public welfare, that require the immediate use of surveillance technology or the information it provides to mitigate the risk.
(2) PRIVACY IMPACT ASSESSMENT means an assessment of the risks to civil liberties and privacy rights posed by a surveillance technology.
(3) SENSITIVE PERSONAL INFORMATION means information specifically associated with, or capable of being associated with, an individual, including:
(a) social security number, driver's license number, or government-issued identification number;
(b) financial data, including account numbers and credit card numbers;
(c) precise geolocation;
(d) religious beliefs, ethnic origin, or trade union membership;
(e) contents of emails and electronic text messages unless the City is the sender or an intended recipient;
(f) information about a person's sex life, sexual orientation, or gender identity; or
(g) any personal data collected from a known child, as "child" is defined in 16 C.F.R. § 312.2 (Definitions).
(4) SURVEILLANCE TECHNOLOGY means any electronic device, system using an electronic device, software, or similar technology that is used, designed, or primarily intended to monitor, collect, retain, process, or share audio, electronic, visual, location, thermal, olfactory, biometric, neural, or similar information specifically associated with, or capable of being associated with, an individual or group, including sensitive personal information.
(a) Surveillance technology includes drones with cameras or monitoring capabilities, automated license plate readers, fixed or mobile surveillance cameras, cell-site simulators, international mobile subscriber identity trackers, global positioning system technology, radio frequency identification technology, biometric surveillance technology, facial recognition technology, and surveillance systems that aggregate or analyze data for the purpose of monitoring persons or locations in public spaces.
(b) Surveillance technology does not include:
(i) widely available and commonly used consumer electronics, including smartphones and digital recording devices that are used with the consent of those being recorded;
(ii) physical access control systems, including badge/keycard access locks and systems, password-access technology, metal detectors, and motion sensors without biometric functionality;
(iii) standard business software and hardware such as word processors, spreadsheets, computers, copy machines, and printers;
(iv) information technology protection tools and software, including firewalls, data backup infrastructure, and antivirus software;
(v) medical equipment, devices, and systems used to diagnose, treat, or prevent disease or injury;
(vi) City data repositories used in the ordinary course of City business, including case and records management systems, personnel records, systems for receiving and tracking customer service requests or complaints, information acquired voluntarily from an individual who was given an opportunity to decline to provide the information, that a City department requires to provide a City benefit or service, and where the information will not be shared by the City or used for any other purpose, City records that must be stored and kept pursuant to retention schedules or applicable law, and systems for searching and retrieving City data from City data repositories;
(vii) systems and devices specifically used to monitor the safety and security of City property and which do not surveil the public at large. Examples include systems for geolocating City vehicles, property, and equipment. Examples of surveillance technologies not covered by this exception include surveillance cameras in City parks or on City streets;
(viii) publicly available databases and internet search tools;
(ix) non-digital observation tools used for direct observation without recording capabilities, including binoculars, telescopes, and nightvision goggles;
(x) widely used and commercially available communication and financial transaction systems, including standard telephone systems, standard voicemail systems, and equipment and systems used to process financial transactions;
(xi) technologies used solely for forensic investigation and identification or verification of lawfully collected evidence in connection with a criminal incident and which do not surveil the public at large. Examples include forensic laboratory and field equipment, criminal justice databases used exclusively for booking, criminal history record management, or post-incident forensic identification (e.g., fingerprint, DNA, or ballistics), evidence management systems, and advanced 3D scanning technologies for static post-incident crime scene documentation;
(xii) interview room security and recording systems;
(xiii) court-ordered monitoring, recording, or tracking systems; and
(xiv) systems, devices, and cameras used for infrastructure and mechanical control, including cameras for traffic control and traffic signal timing that do not retain footage.
(5) SURVEILLANCE USE POLICY means a written policy that governs the use of certain surveillance technologies by City departments.
Source: Ord. No. 20260423-029, Pt. 1, 5-4-26.