PHILADELPHIA PARKING AUTHORITY [ 52 PA. CODE CHS. 1017 AND 1021 ] Image Retention and Use [44 Pa.B. 7176]
[Saturday, November 15, 2014]The Philadelphia Parking Authority (Authority), on August 27, 2014, adopted a proposed rulemaking order to clarify retention and use procedures related to images captured by a taxicab safety camera system.
Proposed Rulemaking Order; Philadelphia Taxicab and Limousine Regulations; Image Retention and Use;
Doc. No. 126-10Proposed Rulemaking Order By The Authority:
The Authority is the sole regulator1 of all taxicab and limousine service in Philadelphia.2 The purpose of the proposed rulemaking is to clarify retention and use procedures related to images captured by a taxicab safety camera system. The Authority seeks comments from all interested parties on the proposed regulation, which are found at Annex A to this Order.
A. Background and discussion
All taxicabs in Philadelphia will soon be equipped with safety cameras. Those cameras will capture images of the interior of each taxicab at various intervals to deter crimes against drivers and bad behavior in general. In most cases, images recorded by these safety cameras will be stored locally and overwritten on a scheduled basis. The local images will be secure and accessible only by Authority's Taxicab and Limousine Division Enforcement Department. Images may also be transmitted to both the Authority and the taxicab's dispatcher to assist in law enforcement response times and investigations.
The proposed regulation establishes requirements related to the limited retention of safety cameras images, regardless of which entity has possession. The regulation will also prohibit the inappropriate use of these images. Finally, the regulation will prohibit the unnecessary activation of the taxicab distress button, which accelerates the rate of images captured and initiates the transmission of the images to the Authority and the dispatcher.
B. The regulation
We propose adding the below referenced sections to provide guidance and limitations upon the use and retention of images captured by safety camera systems and to prohibit the inappropriate activation of the taxicab distress button:
§ 1017.78. Use of Captured images
(a) Purpose. This subsection identifies the purpose of the regulation.
(b) Prohibitions. This subsection requires safety cameras images to be confidentiality maintained and released or copied only as permitted in the regulation.
(c) Local storage device. This subsection provides that only the Taxicab and Limousine Division's Enforcement Department may access images stored on the data storage devices installed in each taxicab.
(d) Maintenance of captured images. This subsection requires all images in the possession of a dispatcher or the Authority to be maintained in password protected files. Additionally, images in the possession of the Authority will be securely maintained only by the Enforcement Department of the Taxicab and Limousine Division.
(e) Deletion of captured images. This section establishes timeframes for the deletion of images in the possession of either the dispatcher or the Authority, or both, as well as exceptions to those timeframes.
(f) Release of captured images. This section provides for the release of safety camera images by a dispatcher to the Authority or law enforcement or from the Authority to law enforcement.
§ 1021.12. Additional requirements. A safety camera system will transmit images when the taxicab meter system distress button is activated. While we believe it is axiomatic that a driver should not inappropriately activate the distress button, there is no specific prohibition from such conduct in the regulations at present. This section will address that issue.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 29, 2014, the Authority submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Urban Affairs Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed rulemaking, the Commission provided IRRC and will provide the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Authority, the General Assembly and the Governor of comments, recommendations or objections raised.
Conclusion
The Authority, therefore, formally commences its rulemaking process to promulgate this regulation to become part of 52 Pa. Code Part II in a manner consistent with Annex A to this Order. The Authority seeks comments from all interested parties on this proposed body of regulations, which are found at Annex A to this Order. The Authority hereby advises that all comments submitted in response to this Order will be posted, without redaction of name, address, or other personal information or comment provided, on the website of the Independent Regulatory Review Commission, which may be reached at (717) 783-5417.
Accordingly, under sections 13 and 17 of the Act (53 Pa.C.S. §§ 5722 and 5742); section 5505(d)(17), (23) and (24) of the Parking Authorities Act (act of June 19, 2001) (P. L. 287, No. 22) (53 Pa.C.S. § 5505(d)(17), (23) and (24)); sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 745.5 of the Regulatory Review Act (71 P. S. § 745.5); and section 612 of The Administrative Code of 1929 (71 P. S. § 232), and the regulations promulgated at 4 Pa. Code §§ 7.231—7.234, the Authority proposes adoption of the regulations set forth in Annex A; Therefore,
It Is Ordered That:
1. A proposed rulemaking be opened to consider the regulation set forth in Annex A.
2. The Executive Director shall submit this proposed rulemaking Order and Annex A to the Office of Attorney General for review as to form and legality.
3. The Executive Director shall submit this proposed rulemaking Order and Annex A for review and comments to the Independent Regulatory Review Commission and the Legislative Standing Committees.
4. The Executive Director shall do all such other things necessary to advance this regulation through the appropriate promulgations process in an expeditious manner.
5. The Secretary of the Board shall certify this proposed rulemaking Order and Annex A and that the Executive Director shall deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
6. An original and 15 copies of any written comments referencing the docket number of the proposed regulation be submitted within 30 days of publication in the Pennsylvania Bulletin to the Philadelphia Parking Authority, Attn: General Counsel, 701 Market Street, Suite 5400, Philadelphia, PA 19106.
7. A copy of this proposed rulemaking Order and Annex A shall be served on the City of the First Class Taxicab and Limousine Advisory Committee and a copy shall be posted on the Authority's website at www.philapark.org/tld.
8. The contact person for this proposed rulemaking is James R. Ney, Director, Taxicab and Limousine Division, (215) 683-9417.
VINCENT J. FENERTY, Jr.,
Executive DirectorFiscal Note: 126-10. No fiscal impact; (8) recommends adoption.
Annex A TITLE 52. PUBLIC UTILITIES PART II. PHILADELPHIA PARKING AUTHORITY Subpart B. TAXICABS CHAPTER 1017. VEHICLE AND EQUIPMENT REQUIREMENTS Subchapter G. SAFETY CAMERAS (Editor's Note: The following section is new and printed in regular type to enhance readability.)
§ 1017.78. Use of captured images.
(a) Purpose. The purpose of a safety camera system is to discourage bad acts in taxicabs in furtherance of protecting the health and safety of taxicab drivers and the public.
(b) Prohibitions. Images from a safety cameras system shall be maintained in the strictest of confidentiality and may not be duplicated, released or disclosed except as provided in subsection (f).
(c) Local storage device. Data storage devices secured in a taxicab as provided in § 1017.74(h) (relating to safety camera requirements) must be configured to overwrite recorded images at intervals not to exceed 60 days. Only the Enforcement Department may access images stored on the data storage devices.
(d) Maintenance of captured images.
(1) Each dispatcher shall identify at least one, but no more than three, key employees to be responsible for the security of images transmitted to the dispatcher as provided in § 1017.74 on Form No. DSP-4 as provided in § 1019.9 (relating to list of affiliated taxicabs). The dispatcher shall maintain safety camera system images in password protected files accessible only by the key employee or employees.
(2) Images from a safety camera system in the possession of the Authority will be maintained and secured by the Enforcement Department in password protected files.
(e) Deletion of captured images.
(1) A dispatcher shall delete safety camera system images on the 31st day after receipt, unless one or more of the following applies:
(i) The dispatcher is directed, in writing, by the Enforcement Department to withhold designated images from deletion.
(ii) The dispatcher is directed, in writing, by a law enforcement agency to withhold designated images from deletion.
(2) The Enforcement Department will delete safety camera system images on the 31st day after receipt, unless one or more of the following applies:
(i) The image contains evidence of criminal activity.
(ii) The image contains evidence related to a regulatory investigation or complaint.
(iii) A law enforcement agency has requested, in writing, that the image be retained.
(3) The Enforcement Department will maintain a log of the images excluded from deletion as provided in paragraph (2), including reference to matter necessitating retention and the date each image is ultimately deleted.
(f) Release of captured images.
(1) A dispatcher shall release safety camera system images to the Enforcement Department or a law enforcement agency upon written request.
(2) The Authority will release safety camera system images to a law enforcement agency upon written request.
CHAPTER 1021. TAXICAB DRIVERS § 1021.12. Additional requirements.
* * * * * (f) No requirement of this subpart, or any Authority regulation, may be interpreted to disrupt or interfere with interstate commerce exclusively regulated by or preempted by the government of the United States.
(g) A taxicab driver may not activate the distress button required under § 1017.24(d)(8) (relating to meter activation and display) except when the driver is in need of emergency assistance by law enforcement or other emergency responders.
[Pa.B. Doc. No. 14-2356. Filed for public inspection November 14, 2014, 9:00 a.m.] _______
1 The act of July 16, 2004, (P. L. 758, No. 94), 53 Pa.C.S. §§ 5701 et seq., as amended, (the ''act'').
2 The Authority may promulgate taxicab and limousine regulations. 53 Pa.C.S. §§ 5722 and 5742.
