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for placing someone on a watch list, and the data should be reviewed periodically to purge outdated or inaccurate information To prevent unauthorized disclosures, strict controls to safeguard the information should be required The database should be made secure, access to it should be restricted, and technical measures, such as encryption, should be used to protect against unauthorized access Records should be made of when, by whom, and for what purpose the database is accessed, and stiff criminal penalties should be available for unauthorized disclosure In addition to regulatory controls, it might be useful to explore less-traditional methods for monitoring this technology For example, as with any new technology, public understanding of its operation and uses may mitigate many of the fears about Big Brother To that end, the government should be encouraged to use the technology openly, rather than clandestinely Moreover, transparency is a worthy goal; the government entity using biometric facial recognition should provide as much information as possible to the public about the technology s purposes and capabilities To push the transparency envelope, communities using facial recognition could consider broadcasting its operation on the local public access channel for all concerned citizens to see Finally, some form of active oversight either by the government or a cooperative effort between government officials and private citizens, such as citizen oversight committees would be useful not only to quell fears about the technology s use but also to ensure that it will not be abused
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Recently, the issue of government use of facial recognition confronted policymakers in the Commonwealth of Virginia As one of the few states considering how and whether to regulate facial recognition technology, the Virginia experience is an instructive case study Although the Virginia State Police are considering the use of this technology, currently, Virginia Beach is the only municipality in Virginia that incorporates facial recognition technology into its public safety efforts In 2001, the Virginia Beach City Council approved a measure authorizing the installation of a facial recognition system in the city s Oceanfront tourist area After testing, the system went operational in late summer 2002 Located in the Tidewater region, Virginia Beach is a major tourist draw throughout the year, attracting over three million people in 2001 The Oceanfront area, in particular, receives a large concentration of these visitors Each year, fugitives have been arrested at the Oceanfront, as shown in the following table:
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*Statistics through July 14, 2002
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The Virginia Beach Police Department, the state s third-largest law enforcement organization, tries to maintain a high level of security and safety, particularly given the city s status as a popular tourist site To that end, the department was interested in deploying a facial recognition system to determine the technology s value as a public safety tool When the proposal to install a facial recognition system was introduced, however, controversy ensued Citizen involvement, therefore, became an important factor in evaluating the acceptability of the technology City leaders organized several town meetings so that citizens questions could be answered and the public could be educated on this topic The American Civil Liberties Union (ACLU), city officials, local community leaders, and outside experts participated in these meetings A Facial Recognition Program Citizen s Advisory and Audit Committee was formed by a diverse group of citizens drawn from different organizations, including the National Association for the Advancement of Colored People (NAACP), the National Federation of Filipino Americans, the Hispanic Community Dialogue, the Virginia Beach Hotel/Motel Association, and the Council of Civic Leagues This Committee provided input and aided in preparation of a general order outlining the use and operation of the facial recognition system The Committee also serves as an auditor of the system to ensure the proper use, storage, and disposal of digital images These efforts helped win community support In August 2001, the police department applied for a Department of Criminal Justice Service grant The grant was approved for $150,000 After the city council held a public hearing, the council voted to accept the grant and appropriated an additional $50,000 for the project Virginia Beach already had a video surveillance system comprised of ten cameras in strategic locations throughout the Oceanfront area As part of the facial recognition project, the city integrated three new cameras into the existing system The facial recognition system, however, is housed on a separate, stand-alone computer to minimize unauthorized access The facial recognition system s database will contain images of subjects with warrants (for example, felony warrants, misdemeanor warrants involving violence) or reports (for example, missing persons, runaways) In addition, endangered individuals such as Alzheimer s patients will be included The chart below shows the numbers of outstanding warrants and active reports in Virginia as of September 2002:
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