Hey, San Francisco, There Should be Consequences When Police Spy Illegally

"In 2019, organizations from across the city worked together to help pass , which required law enforcement to get the approval of democratically elected officials before they bought and used new spying technologies. , the San Francisco Police Department and the Board of Supervisors have that law-but one important feature of the law remained: if city officials are caught breaking this law, residents can sue to enforce it, and if they prevail they are entitled to attorney fees."

"Now Supervisor Matt Dorsey that this important accountability feature is "incentivizing baseless but costly lawsuits that have already squandered hundreds of thousands of taxpayer dollars over bogus alleged violations of a law that has been an onerous mess since it was first enacted.""

"The ability to sue a police department when they violate the law is called a " private right of action " and it is absolutely essential to enforcing the law. Government officials tasked with making other government officials turn square corners will rarely have sufficient resources to do the job alone, and often they will not want to blow the whistle on peers. But city residents empowered to bring a private right of action typically cannot do the job alone, either-they need a lawyer to represent them."

In 2019, organizations across the city passed a law requiring law enforcement to obtain approval from democratically elected officials before acquiring or using new surveillance technologies. The law includes a private right of action allowing residents to sue city officials for violations and recover attorney fees if they prevail. Supervisor Matt Dorsey claims this accountability feature incentivizes baseless, costly lawsuits that burden taxpayers. Between 2010 and 2023 San Francisco paid roughly $70 million to settle civil suits against the SFPD for alleged misconduct. Private lawsuits enable enforcement because oversight offices often lack resources or will, and plaintiffs typically need lawyers to pursue claims.

Read at Electronic Frontier Foundation