September 13, 2018

Today, the BART Board of Directors unanimously passed a surveillance equipment ordinance that requires public notice and debate prior to seeking funding, acquiring equipment, or otherwise moving forward with surveillance technology proposals. BART is the first transit agency in the nation to adopt a surveillance ordinance. In doing so, it joins Palo Alto, Davis, Oakland, Berkeley, and Santa Clara County by putting communities in control of police surveillance.

The San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA), Oakland Privacy, Media Alliance, and the ACLU of Northern California issued the following statements in response:

“Today’s decision will help BART staff and law enforcement officials begin to earn back the community’s trust by asking us for feedback about how they navigate the city,” said Sameena Usman, Government Relations Coordinator of CAIR-SFBA. “The passage of this ordinance will empower community members to have a say in the spaces they occupy — which will increase public safety in and of itself.”

“We applaud the BART Board and Staff for recognizing the concerns caused by mass surveillance,” said Brian Hofer, a member of Oakland Privacy. “By implementing rules to govern the use of invasive equipment, BART can ensure adequate protection of our civil liberties, while still ensuring public safety.”

Tracy Rosenberg of Media Alliance welcomed the vote, noting, “by voting for a fully enforceable transparency ordinance with full public disclosure, BART’s board has ended secret tests of spytech once and for all.”

“This is a victory for every person who rides BART,” said Matt Cagle, Technology and Civil Liberties Attorney. “This surveillance ordinance holds BART accountable to the community it serves and gives riders a seat at the table. People should be free to move around the Bay Area without being secretly policed by dangerous surveillance technology. We commend the willingness of BART leadership to find common ground, and look forward to working together to build a city we can all feel safe living in.”