Dan Tangherlini, Acting Director, District Department of Transportation
Testimony on Video Technology in Police Surveillance and Traffic Control
June 13, 2002

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TESTIMONY OF THE DISTRICT DEPARTMENT OF TRANSPORTATION
HEARING ON VIDEO SURVEILLANCE INFORMATION AND PRIVACY

Testimony of Dan Tangherlini
Acting Director, District Department of Transportation

Anthony A. Williams, Mayor

Committee on the Judiciary
Kathy Patterson, Chairperson
Committee on Transportation and the Environment
Carol Schwartz, Chairperson

Thursday, June 13, 2002
12:00 noon
Council Chambers, Washington, DC

GOOD AFTERNOON CHAIRPERSONS PATTERSON AND SCHWARTZ AND MEMBERS OF THE COMMITTEE ON THE JUDICIARY AND TRANSPORTATION AND THE ENVIRONMENT. MY NAME IS DAN TANGHERLINI, I AM THE ACTING DIRECTOR OF DISTRICT OF THE DEPARTMENT OF TRANSPORTATION (DDOT). I AM PLEASED TO APPEAR BEFORE THE COMMITTEE TO DISCUSS THE DEPARTMENT'S POLICY REGARDING VIDEO SURVEILLANCE INFORMATION AND PRIVACY.

PURPOSE OF TRAFFIC VIDEO SURVEILLANCE

DDOT'S TRAFFIC VIDEO SURVEILLANCE SYSTEM IS A MAJOR COMPONENT OF ITS INTEGRATED TRANSPORTATION MANAGEMENT SYSTEM (ITMS). THE VIDEO SURVEILLANCE SYSTEM PROVIDES TRANSPORTATION ENGINEERING AND OPERATIONS PROFESSIONALS WITH INVALUABLE INFORMATION ON TRAFFIC CONDITIONS THROUGHOUT THE DISTRICT. IN AN URBAN ENVIRONMENT SUCH AS THE DISTRICT OF COLUMBIA, IT IS IMPERATIVE TO MAXIMIZE THE EFFICIENCY OF A SPACE CONSTRAINED TRANSPORTATION NETWORK. THE VIDEO SURVEILLANCE SYSTEM SUPPORTS THIS GOAL BY SUPPORTING THE FOLLOWING ACTIVITIES:

• IDENTIFICATION AND RESOLUTION OF NON-RECURRING TRAFFIC INCIDENTS 
  THE TRAFFIC VIDEO SURVEILLANCE SYSTEM ALLOWS TRANSPORTATION MANAGEMENT CENTER OPERATIONS (TMC) PERSONNEL TO QUICKLY IDENTIFY NON-RECURRING TRAFFIC INCIDENTS SUCH AS TRAFFIC ACCIDENTS, VEHICLE BREAKDOWNS, TEMPORARY LANE BLOCKAGES BY DELIVERY VEHICLES, AND OTHER SOURCES OF DISRUPTION CAUSED BY UNSCHEDULED OR UNPLANNED INCIDENTS. THE TRAFFIC VIDEO SURVEILLANCE SYSTEM ALSO ALLOWS TMC PERSONNEL TO MOBILIZE APPROPRIATE RESOURCES TO RESPOND TO INCIDENTS AND TO RESOLVE THEM QUICKLY. FAST RESPONSE AND RESOLUTION ARE KEY ELEMENTS TO AVOIDING ADDITIONAL DAMAGE AND LOSS OF LIFE, AS WELL AS REDUCING THE ADVERSE IMPACT TO THE TRAVELING PUBLIC.
• IDENTIFICATION AND MANAGEMENT OF RECURRING TRAFFIC EVENTS 
  RECURRING TRAFFIC EVENTS ARE THOSE THAT APPEAR WITH SOME DEGREE OF REGULARITY AND PREDICTABILITY. AN EXAMPLE OF A RECURRING TRAFFIC EVENT IS DAILY CONGESTION THAT OCCURS ON SOME ROUTES THAT RUN NEAR CAPACITY DURING THE MORNING AND EVENING RUSH HOURS. THE TRAFFIC VIDEO SURVEILLANCE SUBSYSTEM ALLOWS TRAFFIC ENGINEERING PROFESSIONALS TO DETECT AREAS THAT ARE SUBJECT TO RECURRING TRAFFIC EVENTS, TO ANALYZE THE CAUSES OF THE PROBLEMS, AND TO MONITOR THE EFFECTIVENESS OF ANY SHORT TERM OR LONG TERM MEASURES THAT HAVE BEEN APPLIED TO MITIGATE THE PROBLEMS.
  ONCE A PROBLEM IS IDENTIFIED, TRAFFIC ENGINEERING PERSONNEL HAVE A NUMBER OF TOOLS THAT CAN BE APPLIED. TRAFFIC SIGNAL TIMING ALONG THE AFFECTED ROUTE CAN BE ADJUSTED TO BETTER ACCOMMODATE UNUSUAL SPIKES IN TRAFFIC VOLUME. TRAFFIC SIGNAL TIMING ALONG ALTERNATE ROUTES CAN BE ADJUSTED TO ACCOMMODATE OVERFLOW TRAFFIC. MEDIA SOURCES CAN BE ALERTED TO THE PROBLEM AND MOTORISTS CAN BE ADVISED TO TAKE ALTERNATE ROUTES. THE VIDEO SURVEILLANCE SYSTEM PROVIDES THE INFORMATION NEEDED FOR OPERATIONS PROFESSIONALS TO BECOME AWARE OF RELEVANT TRAFFIC CONDITIONS AND TO DEVELOP EFFECTIVE SOLUTIONS.
• DISSEMINATION OF INFORMATION TO TRAVELING PUBLIC
  THE TRAFFIC VIDEO SURVEILLANCE SYSTEM ALSO SUPPORTS MORE EFFICIENT USE OF THE TRANSPORTATION NETWORK BY PROVIDING CURRENT OPERATIONAL INFORMATION TO THE PUBLIC SO THAT USERS OF THE DISTRICT'S TRANSPORTATION SYSTEM CAN MAKE MORE EFFICIENT USE OF THE FACILITIES. KNOWLEDGE OF RECURRING AND NON-RECURRING EVENTS MAY PROMPT USERS TO PLAN ALTERNATE ROUTES, CHANGE TIMES OF DEPARTURE, ETC., TO REDUCE TOTAL TRAVEL TIME.
• COORDINATION OF DISTRICT TRANSPORTATION OPERATIONS WITH LOCAL GOVERNMENT PARTNERS
  THE DISTRICT'S TRANSPORTATION NETWORK IS INTEGRALLY CONNECTED WITH THE TRANSPORTATION NETWORKS OF TWO NEIGHBORING STATES, AND SURROUNDING COUNTIES, CITIES, AND TOWNS. TRAFFIC VIDEO SURVEILLANCE DATA ALLOWS OUR TRANSPORTATION PARTNERS TO BE AWARE OF CONDITIONS IN THE DISTRICT, AS WE ARE AWARE OF RELEVANT CONDITIONS BEYOND THE DISTRICT'S BORDERS THROUGH THEIR VIDEO PROGRAMS. THE DATA FACILITATES COORDINATION OF DAILY OPERATIONS AND INCIDENT RESPONSES, REDUCING DELAYS FOR ALL USERS OF THE REGIONAL TRANSPORTATION SYSTEM.

AT THE SAME TIME, PROPER RESPECT MUST BE GIVEN TO THE PRIVACY OF INDIVIDUALS. DDOT'S TRAFFIC VIDEO SURVEILLANCE SYSTEM WILL BE DESIGNED AND OPERATED IN A MANNER THAT CONCENTRATES ON COLLECTION OF NEEDED TRAFFIC OPERATIONAL INFORMATION WHILE MINIMIZING THE SYSTEM'S ABILITY TO COLLECT PERSONAL INFORMATION AND INTRUDE ON THE PRIVACY OF INDIVIDUALS. THE FOLLOWING ARE DDOT'S PROPOSED POLICIES WITH RESPECT TO PROTECTION OF PERSONAL PRIVACY.

ADHERENCE WITH NATIONALLY ACCEPTED PRIVACY PRINCIPLES

TO THE MAXIMUM EXTENT POSSIBLE, CONSISTENT WITH TRAFFIC MANAGEMENT OBJECTIVES, DDOT WILL DESIGN AND OPERATE THE TRAFFIC VIDEO !SURVEILLANCE SYSTEM IN A MANNER THAT WILL MINIMIZE THE POTENTIAL FOR INVASION OF PRIVACY. THE INTELLIGENT TRANSPORTATION SOCIETY OF AMERICA (ITSA) IS AN ORGANIZATION OF PROFESSIONALS DEDICATED TO THE SAFE AND EFFICIENT MOVEMENT OF PEOPLE, GOODS, AND SERVICES THROUGH THE DEVELOPMENT AND OPERATION OF INTELLIGENT TRANSPORTATION SYSTEMS. RECOGNIZING THE IMPORTANCE OF PROTECTING INDIVIDUAL PRIVACY, ITSA HAS DEVELOPED A SET OF PRINCIPLES DESIGNED TO PROTECT PRIVACY IN ALL INTELLIGENT TRANSPORTATION SYSTEMS, INCLUDING TRAFFIC VIDEO SURVEILLANCE SYSTEMS. IN BRIEF, THE PRINCIPLES REQUIRE:

1. INDIVIDUAL CENTERED - ITS PROGRAMS MUST RECOGNIZE AND RESPECT INDIVIDUAL INTERESTS IN PRIVACY AND INFORMATION USE.
2. VISIBLE - ITS PROGRAMS MUST BE VISIBLE; I.E. INDIVIDUALS MUST HAVE A WAY OF OBSERVING HOW SYSTEMS WORK.
3. COMPLY - ITS PROGRAMS MUST COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL STATUTES WITH RESPECT TO PRIVACY RIGHTS.
4. SECURE - ITS PROGRAMS MUST BE SECURE FROM UNAUTHORIZED DISTRIBUTION OF PERSONAL INFORMATION.
5. LAW ENFORCEMENT - INTELLIGENT TRANSPORTATION SYSTEMS HAVE AN APPROPRIATE ROLE IN ENHANCING TRAVELERS' SAFETY AND SECURITY INTERESTS, THEREFORE DDOT'S TRAFFIC VIDEO DATA WOULD BE AVAILABLE TO LAW ENFORCEMENT AGENCIES CONSISTENT WITH THE POLICIES, PRACTICES, LAWS AND REGULATIONS DICTATING LAW ENFORCEMENT USE IN THE DISTRICT OF COLUMBIA.
6. RELEVANT - INTELLIGENT TRANSPORTATION SYSTEMS WILL ONLY COLLECT PERSONAL INFORMATION THAT IS RELEVANT FOR ITS PURPOSES.
7. ANONYMITY - WHERE PRACTICABLE, INDIVIDUALS SHOULD HAVE THE ABILITY TO UTILIZE INTELLIGENT TRANSPORTATION SYSTEMS ON AN ANONYMOUS BASIS.
8. COMMERCIAL OR OTHER SECONDARY USE - INTELLIGENT TRANSPORTATION SYSTEMS INFORMATION STRIPPED OF PERSONAL IDENTIFIERS MAY BE USED FOR NON-ITS APPLICATIONS. TO THE EXTENT PERMISSIBLE BY DISTRICT LAW OR REGULATION.
9. FOIA - FEDERAL AND STATE FREEDOM OF INFORMATION ACT (FOIA) OBLIGATIONS REQUIRE DISCLOSURE OF INFORMATION FROM GOVERNMENT MAINTAINED DATABASES. DATABASE ARRANGEMENTS SHOULD BALANCE THE INDIVIDUAL'S INTEREST IN PRIVACY AND THE PUBLIC'S RIGHT TO KNOW.

IT IS DDOT' S POLICY TO COMPLY FULLY WITH THE SPIRIT AND SPECIFIC RELEVANT PROVISIONS OF THE ITSA PRIVACY PRINCIPLES. 

SPECIFIC POLICIES TO SUPPORT ITSA PRINCIPLES

DDOT IS PARTICULARLY MINDFUL OF INCREASED POTENTIAL FOR INTRUSION WHEN A TRAFFIC VIDEO SURVEILLANCE SYSTEM IS OPERATED IN AN URBAN ENVIRONMENT. THE FOLLOWING SPECIFIC POLICIES PROVIDE FOR PROTECTION OF PRIVACY AND WILL BE VIGOROUSLY ENFORCED:

1. ACKNOWLEDGEMENT OF DDOT PRIVACY PRINCIPLES
   ALL DDOT STAFF OPERATING VIDEO TRAFFIC SURVEILLANCE CAMERAS AND ALL PARTIES RECEIVING DDOT GENERATED VIDEO INFORMATION WILL RECEIVE A COPY OF THIS POLICY. EACH PARTY WILL ACKNOWLEDGE RECEIPT OF THE PRINCIPLES AND HIS OR HER ACCEPTANCE OF THEM. FOR PARTY GRANTED ACCESS TO OR CONTROL OF THE TRAFFIC VIDEO SYSTEM, A SIGNED COPY OF THE POLICY WILL BE MAINTAINED IN THE OFFICE OF THE DIRECTOR OF TRANSPORTATION, OR HIS DESIGNEE - TRAFFIC SERVICES ADMINISTRATION.
2. SYSTEM CONTROL
   NORMAL CONTROL AND OPERATION OF TRAFFIC VIDEO CAMERAS WILL BE ACHIEVED EXCLUSIVELY THROUGH DDOT'S TRAFFIC MANAGEMENT SOFTWARE. THIS SOFTWARE RESTRICTS OPERATION OF CAMERAS TO AUTHORIZED USERS WHO ENTER THE APPROPRIATE PASSWORD. ACCESS TO CONTROL FUNCTIONS WILL BE RESTRICTED TO THOSE INDIVIDUALS WHO HAVE A NEED TO CONTROL THE CAMERAS IN RELATION TO SOME TRANSPORTATION MANAGEMENT OR EMERGENCY MANAGEMENT FUNCTION.
3. USE OF CAMERA PRESET OPERATIONS 
   IN GENERAL, OPERATION OF THE TRAFFIC VIDEO CAMERAS WILL BE RESTRICTED TO USE OF PRESET CAMERA SHOTS, KNOWN AS `PRE-SHOTS'. TRANSPORTATION MANAGEMENT ENGINEERING STAFF WILL DESIGN SEVERAL PRE-SHOTS FOR EACH CAMERA. PRE-SHOTS WILL BE DESIGNED TO FOCUS ON THE VARIOUS ROADWAY APPROACHES THAT ARE TO BE MANAGED. THE DESIGN AND IMPLEMENTATION OF PRE-SHOTS WILL EMPHASIZE AVOIDANCE OF `TIGHT' ZOOM SETTINGS THAT WOULD PERMIT IDENTIFICATION OF INDIVIDUAL PERSONS OR VEHICLES.
4. RESTRICTION OF PAN, TILT AND ZOOM OPERATIONS
   PAN, TILT, AND ZOOM REFER TO TRAFFIC VIDEO CAMERA FEATURES THAT ALLOW OPERATORS OF THE TRAFFIC VIDEO CAMERAS TO AIM CAMERAS HORIZONTALLY (PAN), AND VERTICALLY (TILT) AND TO CHANGE THE APPARENT DISTANCE TO AN OBJECT (ZOOM). THE TRAFFIC MANAGEMENT SYSTEM SHALL BE CONFIGURED TO RESTRICT UNLIMITED USE OF PAN, TILT, AND ZOOM FEATURES OF TRAFFIC VIDEO CAMERAS. IN GENERAL, TRANSPORTATION MANAGEMENT OPERATORS WILL NOT HAVE FULL USE OF THE PAN, TILT, AND ZOOM FUNCTIONS. RATHER, TRANSPORTATION MANAGEMENT OPERATORS WILL BE REQUIRED TO USE THE PRE-SHOT FUNCTIONS IN THE NORMAL COURSE OF THEIR DUTIES.
   FULL ACCESS TO PAN, TILT, AND ZOOM FUNCTIONS WILL BE ALLOWED UNDER THE FOLLOWING CONDITIONS:
   1. BY SUPERVISORS - FULL PAN, TILT, AND ZOOM CONTROL WILL BE PERMITTED BY SUPERVISORY PERSONNEL, WHEN IN THE JUDGMENT OF THE SUPERVISOR, THE EXISTING PRE-DEFINED PRE-SHOTS DO NOT ALLOW FOR THE MOST EFFECTIVE MANAGEMENT OF A PARTICULAR SITUATION, AND FULL ACCESS TO PAN, TILT AND ZOOM FUNCTIONS IS NECESSARY TO AN EFFECTIVE RESOLUTION OF A GIVEN SITUATION IN SUCH SITUATIONS, SUPERVISORY PERSONNEL SHALL USE PAN, TILT, ZOOM FUNCTIONS IN SUCH A WAY TO AVOID GENERATION OF PERSONAL IDENTITY INFORMATION.
   2. BY ENGINEERING PERSONNEL - TRAFFIC ENGINEERING PERSONNEL CHARGED WITH RESPONSIBILITY FOR DEVELOPING CAMERA PRE-SHOTS SHALL BE ABLE TO USE PAN, TILT, AND ZOOM FEATURES TO DEVELOP THE PRE-SHOT LIBRARY FOR EACH CAMERA. ENGINEERING PERSONNEL SHALL USE THE PAN, TILT AND ZOOM FEATURES ONLY TO THE EXTENT NECESSARY TO SUPPORT DEVELOPMENT OF CAMERA PRE-SHOT SETTINGS.
   3. BY MAINTENANCE PERSONNEL - FULL ACCESS TO PAN, TILT, AND ZOOM OPERATIONS SHALL BE PERMITTED BY MAINTENANCE PERSONNEL AS NECESSARY TO SUPPORT INSTALLATION, CALIBRATION, OPERATION, AND MAINTENANCE ACTIVITIES.
   4. TRAINING - FULL ACCESS TO PAN, TILT, AND ZOOM FUNCTIONS WILL BE GRANTED TO INSTRUCTORS AND STUDENTS IN CONNECTION WITH TRAINING ON TRANSPORTATION MANAGEMENT SYSTEM OPERATIONS AND MAINTENANCE.
5. RESTRICTION OF VIDEO RECORDING
   RECORDING OF VIDEO IMAGES PRODUCED BY THE TRAFFIC MANAGEMENT SYSTEM SHALL BE RESTRICTED. IMAGES MAY BE RECORDED ONLY TO SUPPORT TRAINING OR MANAGEMENT REVIEW OF OPERATIONAL EFFECTIVENESS. RECORDING MAY BE MADE IN EXCEPTIONAL CIRCUMSTANCES AS AUTHORIZED IN WRITING BY THE DIRECTOR OF TRANSPORTATION, OR HIS DESIGNEE.
6. DISTRIBUTION OF VIDEO IMAGES TO OTHER AGENCIES OR COMMERCIAL ENTITIES.
   DDOT MAY ARRANGE TO DISTRIBUTE VIDEO IMAGES TO OTHER AGENCIES OR COMMERCIAL ENTITIES TO SUPPORT THE MANAGEMENT OF TRAFFIC OPERATIONS AND TO FACILITATE THE DISTRIBUTION OF TRAFFIC INFORMATION TO THE TRAVELING PUBLIC. THIS MAY OCCUR ONLY AFTER THE PARTY INVOLVED HAS EXECUTED A MEMORANDUM OF UNDERSTANDING THAT ACKNOWLEDGES THAT THE INFORMATION IS TO BE USED SOLELY FOR TRAFFIC MANAGEMENT FUNCTIONS. DDOT WILL RETAIN FULL CONTROL OF CONTENT DELIVERED TO OUTSIDE PARTIES.
7. OVERSIGHT
   IN ACCORDANCE WITH THE ITSA PRIVACY PRINCIPLES, THE DIRECTOR OF TRANSPORTATION, OR HIS DESIGNEE, SHALL CONDUCT AN ANNUAL REVIEW OF THE DDOT CCTV PRIVACY POLICY. THE DIRECTOR OF TRANSPORTATION, OR HIS DESIGNEE, SHALL MEET WITH THE CHIEF OF THE TRANSPORTATION MANAGEMENT CENTER. AT THE MEETING, THE DIRECTOR, OR HIS DESIGNEE, WILL REVIEW THE PRIVACY POLICY WITH THE CHIEF OF THE TMC. THE DIRECTOR, OR HIS DESIGNEE, WILL EVALUATE THE CENTER'S COMPLIANCE WITH DDOT'S CCTV PRIVACY POLICY, AND WILL WORK TO IDENTIFY PROBLEM AREAS AND SOLUTIONS WITH RESPECT TO EXECUTION OF THE PRIVACY POLICY.