"Contracting with Flock and purchasing all the products [the police department] is requesting carries some legal risks, the memo concludes. Although the city can mitigate some of those risks through contractual protections and improving use policies and acquisition reports, this technology carries inherent legal risks that cannot be entirely mitigated."
"The April 24 memo, which was first obtained by The Daily Californian and verified by Berkeleyside, lays out a litany of concerns about moving ahead with the $2 million expansion. Attorneys for the city warned about threats of lawsuits against Berkeley, unreliable data protections and what could have been either simple negligence or shady maneuvering by Flock while negotiating with Berkeley."
"The attorneys suggested that Flock is likely going to agree to any safety measures the city demands, but added, we cannot ensure Flock will abide by its contractual obligations, and the company may not even have the technical capability to fulfill its promises."
Berkeley's Police Department sought to expand its surveillance network through a $2 million contract renewal and expansion with Flock Safety, including license plate readers, video cameras, drones, and software. The proposal also included accessing private cameras throughout the city. A confidential memo from city attorneys revealed substantial concerns about proceeding with this expansion, including legal risks, data protection vulnerabilities, and potential contractual violations. The civilian police oversight board flagged that the expansion violated Berkeley's competitive contracting rules. City lawyers warned of lawsuit threats, unreliable data protections, and questioned whether Flock's negotiating conduct involved negligence or intentional misconduct. While some risks could be mitigated through contractual protections and improved policies, attorneys concluded the technology carries inherent legal risks that cannot be entirely eliminated.
Read at www.berkeleyside.org
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