Policy Text
1Santa Clara County Office of the Sheriff
Surveillance Use Policy for the Callyo Mobile Bug
Purpose
The Callyo Mobile Bug Service is a vendor service designed to assist investigating officers
working undercover cases. The service facilitates audio-recording, GPS location, and
texting, to assist with security for undercover deputies and informants. The Callyo Mobile
Bug assists investigating officers to record conversations between victims, witnesses,
and/or persons suspected of criminal activity. A search warrant shall be obtained before
using the Callyo Mobile Bug in instances where a search warrant is legally required.
Authorized and Prohibited Uses
The Callyo Mobile Bug Service shall be used for only the following purposes:
o Monitoring (including GPS tracking) and audio-recording undercover officers,
confidential informants, witnesses, or victims interacting with persons suspected of
engaging in criminal activities, including to obtain real-time audio in order to provide
security relating to those individuals;
o Collecting evidence, including audio-conversations between victims, witnesses, andlor
suspects of criminal activity, and text conversations between investigating officers,
undercover officers, and persons suspected of engaging in criminal activity;
o Assisting with other law enforcement or first responder uses not prohibited by law.
The Callyo Mobile Bug shall not be used for personal or non-law enforcement purposes.
Data Collection
The Callyo Mobile Bug shall capture only the following data:
o Real-time audio;
o Audio recordings;
o Text messages, including photo andlor video attachments;
o GPS tracking of undercover officer, witness, or confidential informant.
Data Access
Access to Callyo Mobile Bug data shall be limited to Sheriff s Office personnel involved in
the criminal investigation that utilizes the Callyo Mobile Bug, including supervisors and
administrators; and to other county personnel designated by the Sheriff or the Sheriff s
designee to the extent that the Sheriff or the Sheriff s designee determines that access is
reasonably necessary for a specific criminal, civil, or administrative investigation or action.2
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Santa Clara County Office of the Sheriff
Surveillance Use Policy - Callyo Mobile BugPage 1 of3
August 2018
Approved: 08/28/2018
7Data Protection
Data from the Callyo Mobile Bug shall be encrypted from the vendor. Credentials
including login and password shall be required to access the system. Storage of data from
the Callyo Mobile Bug shall be maintained in a secure, non-public location, such as server
rooms or other locations requiring security access.
Data Retention
Data may be downloaded onto an electronic storage device or printed for the purposes of
documentation or evidence in an investigation. Downloaded, copied, and printed data shall
be maintained and retained in accordance with applicable state or federal evidentiary laws
and Sheriff s Office policy and procedures. The original data shall be deleted from the
Callyo Mobile Bug after download and retained no longer than 6 months from origination.
Public Access
Criminal law enforcement recordings from Callyo Mobile Bug shall be made public or
deemed exempt from public disclosure pursuant to state or federal law. For public requests
for data, the Sheriff s Office shall confer with County Counsel to determine whether the
requested data is exempt from disclosure pursuant to the California Public Records Act, or
is legally required to be disclosed, and shall respond to requests in compliance with
applicable law.
8. Third-Party Data-Sharing
Data-sharing from the Callyo Mobile Bug shall be limited to only the following:
District Attomey's Office for use as evidence to aid in prosecution, in accordance with
laws governing evidence;
Public Defender's Office or criminal defense attorney via the District Attorney's Office
in according with California discovery laws;
Other law enforcement offices as part of a specific criminal or administrative
investigation;
Parties in a civil litigation involving the County, in response to a subpoena or civil
discovery;
County Personnel Board, arbitrator, or Court regarding a county administrative action
or litigation;
Other third parties, pursuant to a Court Order.
Training
Training for the operation of the Callyo Mobile Bug shall be provided by Sherifls Office
personnel. A1l Sheriff s Office employees who use the Callyo Mobile Bug shall be
provided a copy of this Surveillance Use Policy.5.
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Santa Clara County Office of the Sheriff
Surveillance Use Policy - Callyo Mobile BugPage2 of3
August 2018
10. Oversight
The Special Operations Division Commander shall oversee the operation for the Callyo
Mobile Bug, as well as compliance with this Surveillance Use Policy. An audit log shall be
retained to track usage and ensure compliance with this surveillance policy. Sheriff s
administration shall review the audit log as it deems necessary, and at least annually.
Approved as to Form and Legality
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Office of the County Counsel
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Callyo Mobile BugPage 3 of3
August 2018