Brennan Center urges stronger NYPD AI oversight and OAA funding

Thank you so much to Speaker Menon.

Chair De La Rosa and members of the Council for the opportunity to testify.

My name is Rachel Levinson Waldman, and I am Director of the Liberty and National Security Program at the Brennan Center for Justice, a nonprofit, nonpartisan institute for law and justice.

I am here to urge the Council to strengthen oversight of how the NYPD uses AI, which enables expansive police surveillance that links people's movements, associations, and activities together in ways that can threaten New Yorkers'privacy and constitutional rights.

Several developments illustrate the need for more robust oversight and accountability.

First, the NYPD Inspector General's office is woefully underfunded and understaffed.

Indeed, the Inspector General position is currently vacant.

The adopted budget added funding for the Department of Investigation, which encompasses the OIG, but at a far lower level than requested, hampering the IG's ability to do its mandated work.

Second, an August audit from the state comptroller found that the Office of Technology and Innovation had no process to check agencies'AI disclosures, allowing them to ignore the office's recommendations.

Finally, of course, the GARD Act established the Office of Algorithmic Accountability.

While Ms.

Milstein testified that an active hiring process is underway, it sounds as though that is primarily for the director.

As Speaker Menon and other members of the Council have highlighted, this office was supposed to open this past June, and it is critical that it begin its work as soon as possible.

Accordingly, we urge the Council to take three steps.

First, to ensure that the NYPD's Office of Inspector General has the funding, permanent leadership, and technical expertise it needs to adequately scrutinize and oversee the NYPD's use of AI and issue reports under the POST Act.

Second, conduct oversight to ensure that the Office of Algorithmic Accountability begins operation as soon as possible.

And finally, we recommend that the Council hold a follow-up hearing dedicated to the NYPD's use of AI, particularly in light of indications that public testimony regarding the department's use of the technology has not been comprehensive.

Thank you very much for your time.

Thank you all so much for being here and for providing this extensive testimony.

If you have it in writing, please provide it for the committee.

We'd love to consider it.

And I appreciate your patience as you've waited here all day to testify.

So thank you all so much.