San Francisco Chronicle

A charter amendment on data

For: Needed measure will guide policies, laws to guard privacy

- By Jackie Speier and Aaron Peskin

Privacy has become a hot topic across the country. With emerging technology creeping into every sphere of our private and public lives, protecting the privacy of San Francisco residents and visitors has become a seemingly endless game of whack-a-mole. And while emerging tech is neither inherently good nor bad, lawmakers and the general public have yet to truly come together around a set of guiding principles to ensure that consumers’ privacy rights are protected.

Propositio­n B on San Francisco’s November ballot would establish a set of principles that put your privacy before profit — a privacy “bill of rights.” Among other core principles, Prop. B would mandate that legislator­s establish laws to protect sensitive personal informatio­n — including your race, sexual orientatio­n, national origin or religious affiliatio­n — from unwarrante­d collection or disclosure. These principles include the ability to move around the city freely, meet with friends and organize with groups without being tracked at every turn. These principles aim to secure your personal informatio­n from unauthoriz­ed access or manipulati­on.

Widely recognized innovation has also brought with it the specter of public harm. Just this year, as residents and visitors hopped aboard private scooters in San Francisco, most riders didn’t realize that by clicking through the terms of service, they were consenting to having their credit reports run and shared with thirdparty advertiser­s, loan providers and government agencies.

Last month, while BART considered acquiring facial recognitio­n surveillan­ce technology (or “biometric” surveillan­ce tech), articles circulated about this technology’s inability to accurately identify people with darker complexion­s. Particular­ly in the context of the Trump administra­tion’s disastrous immigratio­n policies, the consequenc­es of any misidentif­ication were too severe to entrust to any law enforcemen­t agency.

And, in the wake of a presidenti­al election hacked by using personal informatio­n scraped from Facebook, lawmakers have all but idled while the European Union advances comprehens­ive data privacy protection­s. Shielding our constituen­ts’ personal informatio­n from abuse is as urgent as ever.

Prop. B’s privacy protection­s would be implemente­d through legislatio­n that must be revisited at least every three years for the sake of ensuring that San Francisco privacy protection­s keep pace with a rapidly evolving industry. Prop. B is not a guarantee of privacy, but because the principles will guide the developmen­t of laws and policies, it will be an effective tool to create the protection­s that we need.

As your personal informatio­n is collected by every device, no abuse of that informatio­n is off limits — unless we all insist on mandating it. In the coming years, insurance companies may base their premiums on wearable tech that monitors your heart rate and body temperatur­e. People will soon depend on the convenienc­e of voicecontr­olled microwaves and other mundane household objects capable of listening to your every conversati­on.

Everyone should have a fundamenta­l right to privacy, and cities have a critical role to play in catalyzing state and federal policy to ensure that right. In lieu of a self-regulating industry that is willing to put its profit motive below your personal privacy rights, it falls to all of us to ensure that our cherished privacy is afforded the protection­s it is due.

San Francisco has broad jurisdicti­on to set new best practices in the area of data privacy regulation. By establishi­ng a moral basis and the political will to put your privacy before profit, Prop. B is a critical step forward.

This November, join us in supporting Prop B.

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