Thank you for all of your responses.  As I noted in my inquiry, the proposed agreement would have the City own the camera and equipment (presumably to avoid certain permits and licenses).  We could set the arrangement up differently obviously.

My general inclination after considering the responses is to require them to permit/license like we would a private entity in this instance (so the City would not own the equipment).  And then ensure that the license agreement required aggregation and de-identification of all PII, then destruction of the PII.  I think this could avoid certain political blowback.

Please let me know if you think a different approach would be more appropriate.  Many thanks again!

Betsy Blake, Senior Assistant City Attorney
City of Ann Arbor | Guy C. Larcom City Hall | 301 E. Huron, 3rd Floor ∙ Ann Arbor ∙ MI ∙ 48104
734.794.6187 (O) ∙  734.994.4954 (F) | Internal Extension 41887
bblake@a2gov.org | www.a2gov.org
Please note that I cannot send or receive emails in excess of 25MB. If you need to send me an email with a large attachment, please contact me to arrange how to get the attachment(s) to me.
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From: Alison Earles aearles@gacities.com
Sent: Tuesday, November 26, 2019 6:29 PM
To: Chuck Thompson cthompson@imla.org
Cc: May, Michael MMay@cityofmadison.com; Blake, Betsy BBlake@a2gov.org; universitycities@lists.imla.org
Subject: Re: [Universitycities] PII and University Traffic Cameras

I also think there is an expectation that law enforcement is using video surveillance for law enforcement purposes and also that the city might use sound-free video surveillance for transportation purposes. But I don’t think there is an expectation that PII will be collected from the ROW and stored and used by non-city entities for non-city purposes. Private entities usually have to let you know you are being surveyed.
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On Nov 26, 2019, at 6:23 PM, aearles@gacities.commailto:aearles@gacities.com wrote:
I agree that this is something that needs to be handled carefully. My gut reaction is that a permit or license to use the ROW should state the purpose of the collection of this PII and contain affirmations that the university will take actions to ensure use only for the stated transportation study. PII should be protected in accordance with university’s policies for protecting PII and should be securely destroyed when no longer needed. City should consider how it would let a commercial entity film from its ROW or set up cameras from ROW and what purposes would be appropriate. And then think whether the city would get in trouble for treating entities that want to capture PII in this way dIfferently. I am still thinking about this, but I do see important privacy concerns.
Sent from my iPhone

On Nov 26, 2019, at 5:55 PM, Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org> wrote:

Michael, I agree with you on the case law and privacy expectations in public places.  Where I had a concern was the city allowing a third party to photograph people and collect data from a political perspective and in terms of the arrangement whether the city should be owning the camera and transferring the data to the university rather than licensing the university to operate a camera on or in the ROW.  If the city were to operate and use the camera, I think not a problem as apparently is true in Madison, but sharing the results with the university may be more problematic if it’s a city owned camera.  Something strikes me as odd in this arrangement and I think a political hot potato.  Chuck

From: May, Michael <MMay@cityofmadison.commailto:MMay@cityofmadison.com>
Sent: Tuesday, November 26, 2019 4:56 PM
To: Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org>; Blake, Betsy <BBlake@a2gov.orgmailto:BBlake@a2gov.org>; universitycities@lists.imla.orgmailto:universitycities@lists.imla.org
Subject: RE: PII and University Traffic Cameras

Betsy:

I’m not sure I understand your concern.  There is ample precedent for the rule that actions taken in public may be photographed or filmed because there is no reasonable expectation of privacy.  So no claim of an invasion of privacy would wash.  We have cameras in numerous locations and they have been helpful in solving crimes.

Unless there is some other law in Michigan or an ordinance that restricts the release of PII in a public record, I don’t see the issue.  If there is such a law, then I agree with Chuck that you ought to rent space to the school, make the University collect the data and just use your facilities to transmit it.  Then it is their headache.

<image001.jpg>
Michael P. May
City Attorney ~ City of Madison
210 Martin Luther King Jr. Blvd, ~ Room 401
Madison, WI  53703
608-266-4511
FAX: 608-267-8715
mmay@cityofmadison.commailto:mmay@cityofmadison.com

PRIVILEGE AND CONFIDENTIALITY NOTICE

This electronic message is intended only for the designated recipient(s).  It may contain privileged or confidential information and should not be disclosed to third parties without our express permission.  If you are not the intended recipient, you have received this message in error and review, dissemination or copying of this message is prohibited.  If you have received this message in error, please notify the sender immediately, delete the original message and destroy any electronic or printed copies of this message.  Thank you.

From: Universitycities <universitycities-bounces@lists.imla.orgmailto:universitycities-bounces@lists.imla.org> On Behalf Of Chuck Thompson
Sent: Tuesday, November 26, 2019 1:45 PM
To: Blake, Betsy <BBlake@a2gov.orgmailto:BBlake@a2gov.org>; universitycities@lists.imla.orgmailto:universitycities@lists.imla.org
Subject: Re: [Universitycities] PII and University Traffic Cameras

Did you mean to say the City will be the owner of the camera?  If the city were not the owner of the camera, in my view, the city is just licensing the use of the right of way to the university for its purposes and the city does not have any more FOIA responsibility for the data than what passes through the CATV system, the internet or the phone system of other licensees.  Whether the public would be happy with the city for allowing this might be another story and from a political standpoint, I’d make sure the elected know what they’re doing.

From: Universitycities <mailman-bounces@mm2.emwd.commailto:mailman-bounces@mm2.emwd.com> On Behalf Of Blake, Betsy
Sent: Tuesday, November 26, 2019 2:35 PM
To: universitycities-owner@lists.imla.orgmailto:universitycities-owner@lists.imla.org
Subject: PII and University Traffic Cameras

One of the universities in our City is interested in placing a camera on City property near the City right-of-way to gather transportation data at one of our traffic circles (including license plates and photos of persons in vehicles and on foot).  As you all know, such data (including someone’s comings and goings) is personally identifiable information (PII).  The City will not have direct access to the information although it will be transmitted from the camera to the University over City-owned I-net cables.  The City would own the equipment (camera, etc.) that is placed near the ROW.  Neither Michigan nor the City has laws governing this type of PII (although it may be subject to FOIA).  Any thoughts on how the City should handle this and what (if any) restrictions we should put on such PII (in connection with an MOU with the University)?

Many thanks,

Betsy Blake, Senior Assistant City Attorney
City of Ann Arbor | Guy C. Larcom City Hall | 301 E. Huron, 3rd Floor ∙ Ann Arbor ∙ MI ∙ 48104
734.794.6187 (O) ∙  734.994.4954 (F) | Internal Extension 41887
bblake@a2gov.orgmailto:bblake@a2gov.org | www.a2gov.orghttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.a2gov.org%26d%3DDwMGaQ%26c%3DbyefhD2ZumMFFQYPZBagUCDuBiM9Q9twmxaBM0hCgII%26r%3DOLI8hFjVxG1Sh4yTJK1DjGxa_tOCYs014hu9uSYbqwI%26m%3DKBaI-pS1XjOwmWvCGvTykG62np9Tl8wCE0MqFZaVNJY%26s%3DzMVEYtR24wcj-qL1IyfQzgZ3oxwZr9FThBybn1K5f74%26e%3D&data=02%7C01%7CBBlake%40a2gov.org%7Ce37c48a7cfea4f98c1d208d772c87cf5%7C48afa58563754170b9d1e9c568bb92f3%7C0%7C0%7C637104077730351044&sdata=V6p7ajPy3MFPtoNyPZfRNvywoVR5db%2BZN3TLmEmmpZk%3D&reserved=0
Please note that I cannot send or receive emails in excess of 25MB. If you need to send me an email with a large attachment, please contact me to arrange how to get the attachment(s) to me.
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Alison Earles
Associate General Counsel
Office: 678-651-1028 Fax: 678-651-1029
www.gacities.comhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gacities.com&data=02%7C01%7CBBlake%40a2gov.org%7Ce37c48a7cfea4f98c1d208d772c87cf5%7C48afa58563754170b9d1e9c568bb92f3%7C0%7C0%7C637104077730361038&sdata=UwD%2FPtHS2yN0OzLQ254xh1DMYzsbpM1kveD0WPUw1s4%3D&reserved=0

READER ADVISORY NOTICE: This information is intended only for the individual named above. If you received this in error, please call 404-688-0472 to notify the sender, and then delete the email without printing, copying or retransmitting it. In addition, be advised that Georgia has a very broad open records law and that your email communications with GMA may be subject to public disclosure.

Hey, did you notice my new email address?

GMANET is now GACITIES.COM. While I’m still getting the emails you send me, please update your contacts to note my new email address.

For what it’s worth, our local ACLU chapter objected when we started using automated camera systems for red lights and parking enforcement.  We have the following language in our code:

The city manager shall not release or permit the inspection or copying of images that are evidence required to prove a violation taken by license plate recognition technology, camera radar or red-light camera for other than law enforcement purposes, unless directed to do so by subpoena from a court of competent jurisdiction, or as part of litigation or threatened litigation involving the City. But such images shall be available to the owner of any vehicle and to the driver of any vehicle depicted in any such image. Images taken by license plate recognition technology that are determined to not be evidence required to prove a parking violation shall not be released or be permitted to be inspected or copied and shall be purged on a regular schedule adopted by the city manager.

From: Universitycities universitycities-bounces@lists.imla.org On Behalf Of Blake, Betsy
Sent: Friday, November 29, 2019 8:01 AM
To: Alison Earles aearles@gacities.com; Chuck Thompson cthompson@imla.org
Cc: universitycities@lists.imla.org
Subject: Re: [Universitycities] PII and University Traffic Cameras

External Sender
Thank you for all of your responses.  As I noted in my inquiry, the proposed agreement would have the City own the camera and equipment (presumably to avoid certain permits and licenses).  We could set the arrangement up differently obviously.

My general inclination after considering the responses is to require them to permit/license like we would a private entity in this instance (so the City would not own the equipment).  And then ensure that the license agreement required aggregation and de-identification of all PII, then destruction of the PII.  I think this could avoid certain political blowback.

Please let me know if you think a different approach would be more appropriate.  Many thanks again!

Betsy Blake, Senior Assistant City Attorney
City of Ann Arbor | Guy C. Larcom City Hall | 301 E. Huron, 3rd Floor ∙ Ann Arbor ∙ MI ∙ 48104
734.794.6187 (O) ∙  734.994.4954 (F) | Internal Extension 41887
bblake@a2gov.orgmailto:bblake@a2gov.org | www.a2gov.orghttp://www.a2gov.org
Please note that I cannot send or receive emails in excess of 25MB. If you need to send me an email with a large attachment, please contact me to arrange how to get the attachment(s) to me.
CONFIDENTIALITY NOTICE: This e-mail, and any attachments, is for the sole use of the intended recipient(s) and may contain information that is confidential and protected from disclosure under the law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, and delete/destroy all copies of the original message and attachments.

From: Alison Earles <aearles@gacities.commailto:aearles@gacities.com>
Sent: Tuesday, November 26, 2019 6:29 PM
To: Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org>
Cc: May, Michael <MMay@cityofmadison.commailto:MMay@cityofmadison.com>; Blake, Betsy <BBlake@a2gov.orgmailto:BBlake@a2gov.org>; universitycities@lists.imla.orgmailto:universitycities@lists.imla.org
Subject: Re: [Universitycities] PII and University Traffic Cameras

I also think there is an expectation that law enforcement is using video surveillance for law enforcement purposes and also that the city might use sound-free video surveillance for transportation purposes. But I don’t think there is an expectation that PII will be collected from the ROW and stored and used by non-city entities for non-city purposes. Private entities usually have to let you know you are being surveyed.
Sent from my iPhone

NOT LEGAL ADVICE: Any information contained herein (including any attachments) is not intended to be and should not be construed as legal advice or the establishment of an attorney-client relationship. Such information also is not intended and should not be construed as advice with respect to municipal financial products, the issuance of municipal securities, or solicitation to induce any municipal securities transaction. The person sending this communication is not a “municipal advisor” as defined in Section 15B of the Securities Exchange Act of 1934. You should consult with your own legal, accounting, tax, financial and other advisors, as applicable.

CONFIDENTIALITY NOTICE: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this communication is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you.
On Nov 26, 2019, at 6:23 PM, aearles@gacities.commailto:aearles@gacities.com wrote:
I agree that this is something that needs to be handled carefully. My gut reaction is that a permit or license to use the ROW should state the purpose of the collection of this PII and contain affirmations that the university will take actions to ensure use only for the stated transportation study. PII should be protected in accordance with university’s policies for protecting PII and should be securely destroyed when no longer needed. City should consider how it would let a commercial entity film from its ROW or set up cameras from ROW and what purposes would be appropriate. And then think whether the city would get in trouble for treating entities that want to capture PII in this way dIfferently. I am still thinking about this, but I do see important privacy concerns.
Sent from my iPhone

On Nov 26, 2019, at 5:55 PM, Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org> wrote:

Michael, I agree with you on the case law and privacy expectations in public places.  Where I had a concern was the city allowing a third party to photograph people and collect data from a political perspective and in terms of the arrangement whether the city should be owning the camera and transferring the data to the university rather than licensing the university to operate a camera on or in the ROW.  If the city were to operate and use the camera, I think not a problem as apparently is true in Madison, but sharing the results with the university may be more problematic if it’s a city owned camera.  Something strikes me as odd in this arrangement and I think a political hot potato.  Chuck

From: May, Michael <MMay@cityofmadison.commailto:MMay@cityofmadison.com>
Sent: Tuesday, November 26, 2019 4:56 PM
To: Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org>; Blake, Betsy <BBlake@a2gov.orgmailto:BBlake@a2gov.org>; universitycities@lists.imla.orgmailto:universitycities@lists.imla.org
Subject: RE: PII and University Traffic Cameras

Betsy:

I’m not sure I understand your concern.  There is ample precedent for the rule that actions taken in public may be photographed or filmed because there is no reasonable expectation of privacy.  So no claim of an invasion of privacy would wash.  We have cameras in numerous locations and they have been helpful in solving crimes.

Unless there is some other law in Michigan or an ordinance that restricts the release of PII in a public record, I don’t see the issue.  If there is such a law, then I agree with Chuck that you ought to rent space to the school, make the University collect the data and just use your facilities to transmit it.  Then it is their headache.

<image001.jpg>
Michael P. May
City Attorney ~ City of Madison
210 Martin Luther King Jr. Blvd, ~ Room 401
Madison, WI  53703
608-266-4511
FAX: 608-267-8715
mmay@cityofmadison.commailto:mmay@cityofmadison.com

PRIVILEGE AND CONFIDENTIALITY NOTICE

This electronic message is intended only for the designated recipient(s).  It may contain privileged or confidential information and should not be disclosed to third parties without our express permission.  If you are not the intended recipient, you have received this message in error and review, dissemination or copying of this message is prohibited.  If you have received this message in error, please notify the sender immediately, delete the original message and destroy any electronic or printed copies of this message.  Thank you.

From: Universitycities <universitycities-bounces@lists.imla.orgmailto:universitycities-bounces@lists.imla.org> On Behalf Of Chuck Thompson
Sent: Tuesday, November 26, 2019 1:45 PM
To: Blake, Betsy <BBlake@a2gov.orgmailto:BBlake@a2gov.org>; universitycities@lists.imla.orgmailto:universitycities@lists.imla.org
Subject: Re: [Universitycities] PII and University Traffic Cameras

Did you mean to say the City will be the owner of the camera?  If the city were not the owner of the camera, in my view, the city is just licensing the use of the right of way to the university for its purposes and the city does not have any more FOIA responsibility for the data than what passes through the CATV system, the internet or the phone system of other licensees.  Whether the public would be happy with the city for allowing this might be another story and from a political standpoint, I’d make sure the elected know what they’re doing.

From: Universitycities <mailman-bounces@mm2.emwd.commailto:mailman-bounces@mm2.emwd.com> On Behalf Of Blake, Betsy
Sent: Tuesday, November 26, 2019 2:35 PM
To: universitycities-owner@lists.imla.orgmailto:universitycities-owner@lists.imla.org
Subject: PII and University Traffic Cameras

One of the universities in our City is interested in placing a camera on City property near the City right-of-way to gather transportation data at one of our traffic circles (including license plates and photos of persons in vehicles and on foot).  As you all know, such data (including someone’s comings and goings) is personally identifiable information (PII).  The City will not have direct access to the information although it will be transmitted from the camera to the University over City-owned I-net cables.  The City would own the equipment (camera, etc.) that is placed near the ROW.  Neither Michigan nor the City has laws governing this type of PII (although it may be subject to FOIA).  Any thoughts on how the City should handle this and what (if any) restrictions we should put on such PII (in connection with an MOU with the University)?

Many thanks,

Betsy Blake, Senior Assistant City Attorney
City of Ann Arbor | Guy C. Larcom City Hall | 301 E. Huron, 3rd Floor ∙ Ann Arbor ∙ MI ∙ 48104
734.794.6187 (O) ∙  734.994.4954 (F) | Internal Extension 41887
bblake@a2gov.orgmailto:bblake@a2gov.org | www.a2gov.orghttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.a2gov.org%26d%3DDwMGaQ%26c%3DbyefhD2ZumMFFQYPZBagUCDuBiM9Q9twmxaBM0hCgII%26r%3DOLI8hFjVxG1Sh4yTJK1DjGxa_tOCYs014hu9uSYbqwI%26m%3DKBaI-pS1XjOwmWvCGvTykG62np9Tl8wCE0MqFZaVNJY%26s%3DzMVEYtR24wcj-qL1IyfQzgZ3oxwZr9FThBybn1K5f74%26e%3D&data=02%7C01%7CBBlake%40a2gov.org%7Ce37c48a7cfea4f98c1d208d772c87cf5%7C48afa58563754170b9d1e9c568bb92f3%7C0%7C0%7C637104077730351044&sdata=V6p7ajPy3MFPtoNyPZfRNvywoVR5db%2BZN3TLmEmmpZk%3D&reserved=0
Please note that I cannot send or receive emails in excess of 25MB. If you need to send me an email with a large attachment, please contact me to arrange how to get the attachment(s) to me.
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Alison Earles
Associate General Counsel
Office: 678-651-1028 Fax: 678-651-1029
www.gacities.comhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gacities.com&data=02%7C01%7CBBlake%40a2gov.org%7Ce37c48a7cfea4f98c1d208d772c87cf5%7C48afa58563754170b9d1e9c568bb92f3%7C0%7C0%7C637104077730361038&sdata=UwD%2FPtHS2yN0OzLQ254xh1DMYzsbpM1kveD0WPUw1s4%3D&reserved=0

READER ADVISORY NOTICE: This information is intended only for the individual named above. If you received this in error, please call 404-688-0472 to notify the sender, and then delete the email without printing, copying or retransmitting it. In addition, be advised that Georgia has a very broad open records law and that your email communications with GMA may be subject to public disclosure.

Hey, did you notice my new email address?

GMANET is now GACITIES.COM. While I’m still getting the emails you send me, please update your contacts to note my new email address.