On The Front Lines

Rutherford Urges City Council to Scrutinize Surveillance Camera Proposal & Draft Policy that Safeguards Privacy, First Amendment Rights

CHARLOTTESVILLE, Va. - Voicing his concerns about a renewed proposal to install surveillance cameras on the Downtown Mall, John W. Whitehead, president of The Rutherford Institute, has provided Mayor David E. Brown and the Charlottesville City Council with guidelines to consider while evaluating the efficacy and possible implementation of such a surveillance system. Whitehead also offered to have The Rutherford Institute assist the City in determining how such a surveillance system should be deployed and "in crafting guidelines that reflect the Council's concern for and defense of residents' constitutional rights," as well as provide law enforcement with specific procedures to guard against abuses arising from access to sensitive data.

"While we are all concerned about discouraging and curtailing criminal activity in our community, we cannot allow fear to dictate our actions, especially in a matter that will affect the freedoms of so many," said Whitehead. "If our reliance on cameras comes at the cost of personal privacy and American liberty, then we will have paid far too high a price indeed."

Charlottesville Police Chief Timothy J. Longo has repeatedly asked the City Council to allow the installation of roughly $300,000 worth of surveillance cameras, and supporting equipment, on and around the Downtown Mall area. Although the City Council initially rejected the proposal, it recently expressed a willingness to examine a modified, more flexible surveillance camera system. Expressing his appreciation for the City's willingness to proceed cautiously and learn as much as possible about these surveillance cameras before coming to a final decision, Whitehead provided city officials with guidelines to consider while evaluating the efficacy and possible implementation of such a surveillance system.

The Institute's guidelines point out that under current technology, "any expectation of privacy in a public place evaporates" where an unrestrained surveillance camera system is in place. Thus, such a threat to privacy requires that guidelines be established prior to the implementation of any such system. Specifically, the guidelines call on the City Council to:

• Ensure that all major decisions concerning the need for or implementation of surveillance cameras are made through an open and publicly accountable process;


• Determine whether surveillance cameras will reasonably further a clearly articulated law enforcement objective;


• Assess the impact of surveillance cameras on constitutional rights, specifically on residents' rights to freely express themselves and congregate in a public place;


• Design the scope and capabilities of a public surveillance system to minimize its negative impact on constitutional rights and values;


• Create safeguards to reduce the potential for misuse and abuse of the surveillance system; and


• Provide appropriate remedies for those harmed by misuse or abuse of surveillance systems.