ACLU calls for public hearings on measures expanding surveillance in PR

The American Civil Liberties Union of Puerto Rico called for public hearings on a trio of measures in the island Legislature that would expand the use of surveillance mechanisms in order to “allow for a broad, transparent discussion regarding the implications that bills like these have -- or could have -- on people’s rights.”

By THE STAR STAFF

The American Civil Liberties Union (ACLU) of Puerto Rico called on the Legislative Assembly on Monday to hold public hearings before proceeding with three measures that would expand the use of surveillance mechanisms and which, according to the organization, could adversely affect constitutional rights.

“In presenting our analysis of these measures, we reiterate our call for legislators to convene public hearings and allow for a broad, transparent discussion regarding the implications that bills like these have -- or could have -- on people’s rights,” said Annete Martínez Orabona, executive director of the ACLU of Puerto Rico, in a written statement. “The country needs public safety, but that goal is not achieved through hyper-surveillance.”

The organization submitted position papers regarding three measures currently under legislative consideration that address the installation of video surveillance cameras, the criminalization of cybercrimes, and the use of automated license plate reader systems.

One proposal seeks to require video surveillance cameras in establishments applying for or renewing licenses to sell alcoholic beverages. The ACLU raised concerns that the measure fails to clearly establish limitations on the information the government could request or safeguards for the data collected.

“The bill’s wording does not clearly outline the limitations regarding the information that could be required or turned over to the State -- if requested -- nor does it specify the safeguards that would be established to protect individuals’ privacy, freedom of expression, and due process rights,” stated Lolimar Escudero Rodríguez, the organization’s public policy attorney.

Regarding Senate Bill 974, which seeks to define cybercrimes and amend the Penal Code, the ACLU argued that certain definitions could encompass constitutionally protected forms of expression.

According to the organization, the proposed definition for the crime of invasion of privacy could be used against researchers, journalists or activists who disclose information related to the government.

“This impacts freedom of expression, as imprecise definitions can be weaponized to monitor or criminalize public discourse, online protest, or criticism of public officials on social media, for example,” Escudero Rodríguez stated.

Meanwhile, House Bill 897 proposes amendments to the Mayra Elías Hit-and-Run Alert Act and the Puerto Rico Police Act, and includes the use of automated license plate reader systems, known as ALPRs.

“Public safety is a shared goal,” Martínez Orabona said. “However, a legislative measure like this -- which contemplates the use of technologies such as automated license plate reader systems -- requires a broad discussion that includes consideration and acknowledgment of the threats and potential constitutional rights violations associated with this type of technology.” 

ALPRs use cameras to capture images of vehicles and record license plates along with location, date, and time information. The ACLU argued that the collection and storage of such data could be used to reconstruct individuals’ movements.