Guam § 12314 - [Video Security Cameras in Public Areas.]

§ 12314. [Video Security Cameras in Public Areas.]

(a) Development of an Implementation Plan. The Guam

Fire Department (GFD) and the Guam Police Department (GPD)

shall, with the assistance of other government entities and

pertinent organizations, develop an Implementation Plan relative

to the use of video security cameras in public areas. Entities

shall include, but not be limited to, the Office of the Attorney

General, the Mayors Council of Guam, Guam Homeland

Security - Office of Civil Defense, the Department of Public

Works, the Department of Parks and Recreation, the Guam

Power Authority, the Office of Technology, and the Guam

Visitors Bureau.

(b)(1) Rules and Regulations. No later than one hundred

eighty (180) days following the enactment of this Act, GFD,

GPD, and the Office of the Attorney General shall develop the

rules and regulations, which shall be adopted pursuant to the

Administrative Adjudication Law, governing the use of video

security cameras in public areas.

(2) Such rules and regulations shall guide the government

of Guam’s implementation and use of video security cameras

within its emergency reporting system, and shall further address

basic elements involved with the integration of video security

cameras in public areas, including, but not limited to, access to

recorded video security camera footage by other government of

Guam entities, including any video security footage recorded and

maintained by the Guam Department of Education as a result of

electronic security systems implemented pursuant to P.L. 32-

009;

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(3) training requirements for operators with access to

public video security cameras; and

(4) the issuance of public notices for the benefit of

residents and business owners within the general vicinity where

video security cameras are posted that state, in clear language,

that such location is subject to observation and, if applicable,

recording, by a video security camera.

(5) Posted signs shall be installed no less than seven (7)

days following the activation of video security cameras, and

shall be in clear language, large type, and in a conspicuous

location plainly visible to persons present in the areas where the

video security cameras are installed. Notices need not, however,

disclose the precise location of the cameras.

(c) Video Security Cameras: Compatibility; Registration.

All government agencies and other entities, prior to procuring

video security cameras and associated equipment, materials, etc.

that are to be used to deter and report criminal activity in public

areas, shall verify if such devices are compatible with the

technical requirements of Guam’s emergency reporting system,

which shall be determined by GFD and GPD. Both agencies

shall maintain a registry of all video security cameras used to

deter and report criminal activity in public areas in accordance

with the rules and regulations required pursuant to Subsection

(b) of this Section.

(d) Protection of Personal Privacy Rights; and Against

Misuse and/or Ineffective Use of Video Security Cameras,

Footage. To the extent possible, the rules and regulations

required pursuant to Subsection (b) of this Section shall further

ensure that video security cameras in public areas protect

personal privacy rights. Moreover, such regulations shall protect

against the misuse and/or ineffective use of video security

cameras and any footage recorded by such devices.

(e) Resource Sharing. In facilitating the integration of

video security cameras in public areas, as part of Guam’s

emergency reporting system, GFD and GPD shall consider the

availability of resources that may be made available by other

government of Guam entities, the U.S. Military, the federal

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government, and/or Guam’s private-sector community, including

funding support, education and training opportunities, and

sharing of public safety and law enforcement equipment and

similar resources, consistent with the rules and regulations as

required pursuant to Subsection (b) of this Section, GFD and

GPD shall develop the necessary agreements to embrace external

support.