We wanted to provide an update to you regarding our radio system that we use to communicate sensitive, private information in the course of duties.

California Law Enforcement Telecommunications System

The Santa Clara Police Department is authorized by the California Department of Justice (DOJ) to access the California Law Enforcement Telecommunications System (CLETS). CLETS is a computer network that provides criminal justice agencies with access to a variety of databases. These databases contain information about a person's driving record, criminal record and criminal history.

Criminal justice agencies and law enforcement access CLETS using an interoperable police radio system. 

Silicon Valley Regional Interoperability Authority

Radio communications for every law enforcement and fire agency in Santa Clara County are maintained by Silicon Valley Regional Interoperability Authority (SVRIA).

The purpose of SVRIA is to enhance and improve communications, data sharing and other technology systems for the protection of the public, to enhance public safety and to facilitate local and regional cooperative efforts. As a duly formed JPA under the California Government Code and an independent governmental agency, SVRIA is bound by the rules and mandates of the State of California as well as its own JPA. It is the policy of SVRIA to comply with all federal, and state legal rules, regulations, and mandates.

The Silicon Valley Regional Communications System (SVRCS), managed by SVRIA, was designed and built with encryption capabilities. When the system was designed over a decade ago it was expected that encryption would be used to protect the privacy of citizens and the safety of law enforcement officials. The SVRCS was designed and constructed based upon the approval of elected officials from member agencies and staff who sit on the Board of Directors and Working Committee.

SVRIA manages over 13,000 radios and more than 50 physical sites. For perspective, in December 2020, SVRIA handled 1.87 million radio transactions.

California Justice Information Services Division Bulletin No. 20-09-CIJS

On October 12, 2020, the DOJ issued Information Bulletin #20-09-CJIS, which sets forth legal mandates and guidelines regarding the confidentiality of information from CLETS.

The new DOJ guidelines require law enforcement agencies to protect Personally Identifiable Information (PII) and Criminal Justice Information (CJI). PII is unique identifiers that can distinguish or trace an individual’s identity, such as name, date of birth, driver’s license, social security and/or military identification numbers. CJI is information such as wants/warrants, restraining orders and/or details related to an individual’s probation or parole status.

The state order allows law enforcement agencies to meet the requirement in one of two ways:

• establish policies that restrict the dissemination of personally identifiable while still transmitting other information through an open frequency, or
• encrypt all its communications

Currently, the Santa Clara Police Department's primary radio channel is not encrypted and anyone with a commercial scanner or a smartphone scanning app can listen to radio traffic, take down pertinent details or arrive on the scene and cause disruptions during an active incident. 

Santa Clara County Law Enforcement Agencies Decision to Encrypt Radio Channels

The purpose of the mandate is to protect the privacy and identity of any person whose information is broadcast over the air (e.g. victim, suspect, etc.). Doing so, not only prevents potential identity theft, but also offers privacy to all involved parties of an incident.

The Santa Clara County Police Chief's Association has evaluated potential alternatives, such as using a separate encrypted channel or Department issued cell phones to check PII information. However, operationally, this poses several challenges, including:

• additional staffing in the Communications Center would be required to monitor the added radio channel
• police officers and their supervisors would not be able to listen to radio traffic which becomes an officer safety issue for situational awareness, particularly when multiple incidents are occurring at the same time
• transitioning between multiple communication devices becomes a juggling act and takes away from the officers ability to conduct their work, monitoring the radio, suspect(s) and surrounding environment as well as keeping their hands free should an incident evolve
• communication on Department issued cell phones is not recorded and therefore cannot be monitored for personnel performance, used at a later date in court, etc.

Example of the Importance of Situational Awareness

An officer initiates a traffic enforcement stop. The officer relays information over the air to the Records Unit or Public Safety Dispatcher. The officer is informed that the subject is a wanted felon, considered armed and dangerous, and known to be combative with law enforcement. This type of information is critical for the initial officer to be aware of and it would make sense for the officer to have their hands free throughout this contact. This type of call for service would trigger multiple units to respond should further assistance be needed. Other units would not have this critical information available to them if anything other than the police radio was utilized for communicating CLETS information.

This transition to encrypted channels complies with the new DOJ mandates intended to protect confidential and sensitive information, reduces the ability for individuals who are engaging in criminal behavior by following open police feeds to plan criminal activity and provides additional safeguards to responding public safety personnel.

Santa Clara Resident Feedback

On March 1, 2021 Assistant Chief Wahid Kazem led the Chief’s Advisory Committee (CAC) through an educational session on the mandate, as well as information on SVRIA, the recommendation from the County Police Chiefs Association, examples of how the police department uses CLETS, messaging from agencies that have already transitioned to encrypted channels and the corresponding media response.

Ultimately, after an in-depth conversation, the group recommended the Police Department encrypt its channels for the primary purpose of officer safety, maintaining interoperability and meeting compliance obligations.

What is the timeline to transition to encrypted radio channels?

As of March 1, 2021, the following Santa Clara County law enforcement agencies have encrypted their radio channels:

• Campbell
• Foothill – DeAnza College District
• Gilroy
• Los Altos
• Los Gatos
• Morgan Hill
• Mountain View
• Palo Alto
• San Jose
• San Jose State University
• Santa Clara County Sheriff’s
• Sunnyvale  

Four remaining agencies (Milpitas, Santa Clara, San Jose Evergreen College, West Valley / Mission College) are at various points of the transition process to changeover to encrypted radio frequencies.

The Santa Clara Police Department has plans to transition to encrypted radio channels on April 26, 2021. Following this action, the Police Department will be in compliance with the DOJ mandate.

The only law enforcement agency operating in Santa Clara County that decided to establish a policy to restrict personally identifiable information is the California Highway Patrol; this decision was based on the cost to encrypt channels throughout the state.

How can residents, or the media, stay aware of police activity and crime statistics in the City of Santa Clara?

Our Department is committed to providing superior services that promote a safe community and encourage partnerships.

We recognize there may be concerns regarding encryption as it reduces public transparency. The Santa Clara Police Department utilizes a variety of means to keep the community up-to-date on crime trends and police activity. Our agency will continue to use our website, social media platforms and apps (e.g. AlertSCC, Community Crime Map, GovDelivery, Facebook, Nextdoor, Nixle, Twitter, website, etc.) to disseminate public information. In an emergency, the County's official emergency alert and notification system, AlertSCC, will be utilized. In addition, the daily Arrest Log, weekly Police Blotter and monthly Crime Statistics serve as valuable resources. A historical summary of news items and press releases is available online.

Members of the media who cover our region on incidents that may garner public interest, particularly as incidents break, should continue to contact the Public Information Officer to obtain a synopsis of an incident.

As a reminder, the distribution of this information during an actively evolving situation will be secondary to public safety response and the gathering of pertinent details to disseminate to the public.

Police Records and Public Records Act Requests

SCPD's Records Unit processes the crime reports written by police officers and ensures that the reports are routed to appropriate locations such as the Bureau for further investigation and the District Attorney's Office for prosecution. The Records Unit processes requests for police reports or other crime data from a wide variety of requestors, including other law enforcement agencies, insurance companies, crime victims, the press and members of the public. To request Police Department Public Records not available online:

• Crime Reports (e.g. crime report, domestic violence, arrest report, calls for service, etc.), complete a Request for a Record Information form and email it to records@santaclaraca.gov
• Traffic Collision Report, log onto LexisNexis or complete a Request for a Record Information form
• For any Police records not included above the public can access a searchable archive of responsive documents, or submit a request, via the Public Records Request Online Portal. 

For questions related to any of these resources, contact the Police Department at 408-615-4700 (Monday - Friday, 8 a.m. - 6 p.m.; Saturday - Sunday, Closed).