SFPD spying lawsuit moves to appeals court

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SFPD spying lawsuit moves to appeals court
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A California court heard arguments Tuesday in a lawsuit that alleges San Francisco police violated The City's surveillance ordinance in 2020 during local protests in the aftermath of the police killing of George Floyd.

The California Court of Appeal for the First District heard arguments Tuesday in a lawsuit that alleges San Francisco police violated The City's surveillance ordinance in 2020 during local protests in the aftermath of the police killing of George Floyd.

The lawsuit alleges that by doing this, SFPD also violated the city's 2019 Surveillance Technology Ordinance, which essentially prohibited the government's usage of facial recognition technology with"limited exceptions," according to the police department website. The brief argues that while the trial court was correct to dismiss the case because SFPD's conduct fell within legal boundaries, the case is now moot because the language of the 2019 privacy ordinance — Chapter 19B of the San Francisco Administrative Code — says any city department"possessing or using a particular type of surveillance technology before Chapter 19B took effect 'may continue its use of the Surveillance Technology ...

Previously, the department had accessed the cameras during June 2019's Pride celebration. According to the brief, when the Superior Court granted summary judgment in favor of The City, it ruled that"the SFPD's use of USBID's surveillance camera network falls squarely within the temporary grace period."

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