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Berkeley approves Flock fixed cameras after intense debate over retention, encryption and federal access
Summary
After hours of testimony and council questions about encryption, cloud hosting and whether the vendor or outside agencies could provide footage to federal authorities, the council approved acquisition and use policies for Flock fixed surveillance cameras with added contract safeguards and stronger reporting requirements; the default retention period remains 180 days.
The Berkeley City Council on July 22 approved a purchase-and-use plan for Flock Safety's fixed Condor surveillance cameras, concluding a multi-hour public hearing and council debate that focused on data security, vendor contract language and the risk that footage could be accessed by federal authorities.
Chief Lewis and a city staffer identified as Arlo presented the acquisition report and use policies, describing Condor cameras as high-resolution, solar-powered devices that the city said will be stored in a Berkeley-only cloud, encrypted end to end. "We have the utmost confidence in Flock's data security measures," Arlo said during the presentation.
Trevor Chandler, Flock's public-affairs director, told council the company uses AWS GovCloud, CJIS and SOC 2 Type II controls and that all footage is encrypted in transit and at rest. He said Flock does not sell data and would forward any legal requests to the city for counsel review.
Community members and civil-liberties advocates urged the council to reject the vendor, citing reporting that other cities' Flock data had been accessed by federal immigration authorities. Speakers said the only guaranteed protection is to avoid collecting the data; others warned of the risk to reproductive and immigration-related privacy if footage were to be shared outside Berkeley.
Council members debated retention at length. The department recommended 180 days because detectives said delayed reporting, laboratory backlogs and series-case investigations can require older footage for evidence. The Police Accountability Board recommended a much shorter baseline retention (30 days) with narrow extensions for active investigations. Council attempted a substitute motion to set a 90-day baseline but it failed. The final motion approved the acquisition report and use policies and added explicit direction to ensure contract terms do not conflict with Berkeley law, require enhanced biannual audits and reporting to council, and a 72-hour notice to city leadership if data is shared under legal compulsion. The existing 180-day retention remained in effect for the approved motion.
Council also requested additional audit transparency: logs of sharing requests and a biannual audit that can be summarized to council so that the public can review accesses and uses.
Why it matters: the decision balances municipal public-safety goals against civil-liberties concerns. Supporters said the cameras aid investigations of violent crime; critics said cloud hosting and vendor access create unacceptable privacy and legal risks for immigrants, protesters and other vulnerable groups.
