Policy Text
Santa Clara County Office of the Sheriff
Surveillance Use Policy Live Trac PT-10 Plus Global Positioning System
Tracking Devices
1. Purpose
Live Trac PT-10 Plus GPS trackers are devices designed to track the movements of
vehicles, cargo, machinery, andlor individuals. The trackers shall be utilized only during
active investigations of suspected criminal activity. A search warrant shall be obtained for
use of Live Trac PT-10 Plus GPS trackers when legally required.
2.Authorized and Prohibited Uses
GPS trackers shall be used in a lawful manner to gather evidence in an investigation
involving criminal activity, and in compliance with Sherifls Office policy. GPS trackers
shall only be used pursuant to a valid search warrant; pursuant to court-ordered parole or
probation conditions, if applicable; or with consent of the owner of the object to which the
GPS tracker is attached.
GPS trackers shall not be utilized for personal or non-law enforcement purposes.
3.Data Collection
GPS Trackers shall provide only travel speed andlor location data for the object to which
it is attached.
4. Data Access
Access to GPS tracking data shall be limited to Sheriff s Office personnel authorized to
utilize Sheriff s GPS Tracker(s) for the purposes of conducting a specific criminal or
administrative investigation, including Sheriff s supervisors and administrators, as well as
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.
5.Data Protection
Data from a GPS tracker shall be encrypted from the vendor. Credentials including login
and password shall be required to access the GPS tracker data from the system. Any
storage of downloaded data shall be maintained in a secure, non-public location, such as a
server room or other location requiring security access.
6.Data Retention
Data shall be printed or downloaded onto an electronic storage device only for the purposes
of documentation or evidence in an investigation. All such data shall be maintained and
retained in accordance with applicable state and federal evidentiary laws and Sheriff s
Office policy. A11 data not downloaded onto an electronic storage device shall be stored
Santa Clara County Office of the Sheriff
Surveillance Use Policy- Live Trac PT-10 Plus Global Positioning Systerir Tracking DevicesPage I of2
June 2018
Approved: 08/28/2018
7electronically by the host company and shall be purged no longer than 90 days after it was
collected.
Public Access
The public shall not have access via the Sheriff s Office to data maintained with the
vendor. Data downloaded or printed from the GPS trackers shall be made available to the
public or deemed exempt from public disclosure pursuant to state or federal law. For
public requests for data, the Sherifls 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 GPS trackers shall be limited to the following:
o District Attorney's Office for use as evidence to aid in prosecution, in accordance with
laws governing evidence;
o Public Defender's Office or defense attorney via the District Attorney's Office in
accordance with California discovery laws;
o Other law enforcement offices as part of a criminal investigation;
o County Personnel Board, arbitrator, or Court regarding a county administrative action
or litigation;
o Other third parties, pursuant to a Court Order.
Training
Training for the operation of the GPS trackers shall be provided by Sheriff s Office
personnel to authorized users. All Sheriff s Office employees who use GPS trackers shall
be provided a copy of this Surveillance Use Policy.
10. Oversight
Division Commanders for divisions utilizing GPS trackers shall ensure compliance with
this Surveillance Use Policy. An audit log shall be maintained by Sheriff s supervisors or
administrators for GPS tracker usage, which will be reviewed by Sheriffls administration
as it deems necessary, and at least annually, to ensure compliance with this surveillance
policy.
Approved as to Form and Legality9
fu, h{tilt- tlrfle
Rob ioellio
Office of the County Counsel
Santa Clara County Office of the Sheriff
Surveillance Use Policy- Live Trac PT-10 Plus Global Positioning System Tracking DevicesPage2 of2
June 2018