OPO Policy Recommendation: Revise General Orders Guidelines for Social Media Use

CITY OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GO)
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
POLICY RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
May 2, 2025
SUBJECT:
OPO Policy Recommendation: 455 SOCIAL MEDIA FOR OFFICIAL USE
Dear Chief Davis:
This memorandum provides feedback and recommendations for improving the Austin Police
Department's (APD) General Order (GO) 455 SOCIAL MEDIA FOR OFFICIAL USE.
The specific policies reviewed in this memorandum are as follows:
455 SOCIAL MEDIA FOR OFFICIAL USE
It is commendable that APD has a public policy regarding using social media for official purposes.
This policy analysis and ensuing recommendations address various aspects that can be improved
upon to prevent misuse or abuse and to ensure the protection of and respect for individual and
community rights. APD has a valuable opportunity to enhance these policies in ways that could
help place it at the forefront of nationwide best practices and support its efforts in building trust
with the community.
The OPO trusts that this APD policy can be improved and that it benefits the City of Austin, APD,
and community members. We look forward to improving policies to enhance APD's transparency
and accountability.
Sincerely,
Dail
1839
Gail McCant
Director
Office of Police Oversight
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
1
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
POLICY RECOMMENDATION
455 SOCIAL MEDIA FOR OFFICIAL USE
Recommendation #1:
OPO recommends APD modify GO 455.4 to define certain missing terms.
The terms "social media monitoring tool," "deconflicted," and "online undercover activity" are
used throughout GO 455, but they are not necessarily defined. APD should add these terms and
definitions to GO 455.4.
Recommendation #2:
OPO recommends APD modify GO 455.4 to broaden the definition of the term "post."
Best practices indicate that the term "post" should also be understood to include any reactions,
comments, or sharing to/of others' posts.
455.4 DEFINITIONS
(...)
Post- Content an individual shares on a social media site or the act of publishing
content on a site, including the sharing, re-posting, forwarding, "liking" or similar
reactions, and comments to/of others' posts.
Recommendation #3:
OPO recommends APD modify GO 455.5 to include a restriction on the use of personal
devices and accounts when using social media for official purposes.
Best practices indicate that employees should use only Department-issued equipment and accounts
(and not personal devices or accounts) when using social media for official purposes.
Recommendation #4:
OPO recommends APD modify GO 455.6(b) to require authentication of information
intended to be used in criminal investigations.
Best practices indicate that information gathered from social media should not only be evaluated
for its source reliability and content validity but also authenticated if it is intended to be used in a
criminal investigation.
Recommendation #5:
OPO recommends that APD modify GO 455.6(c) to prohibit the personal use of Department
social media aliases and tools both on and off duty.
OPO notes that current policy only prohibits on-duty use of an online alias or social media
monitoring tool for personal use. Best practices indicate that both on- and off-duty personal use of
Department-issued/owned social media aliases and tools should be prohibited.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
2
OF
CITY
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
POLICY RECOMMENDATION
Recommendation #6:
OPO recommends APD modify GO 455.6(c) to include a restriction on the use of personal
devices and accounts when using social media for investigation purposes.
Best practices indicate that employees should use only Department-issued equipment and accounts
(and not personal devices or accounts) when using social media for investigation purposes.
Personal devices lack chain of custody protections, and secure log ins etc.
Recommendation #7:
OPO recommends APD modify GO 455.6 to limit its community-oriented use of social media
monitoring to criminal investigations and the preparation of significant public events.
OPO notes that the "valid law enforcement purposes" (listed in GO 455.6(a)) and the scenarios in
which social media may be used to seek or retain information (listed in GO 455.6(d)) are
excessively broad and could entail unwarranted mass surveillance. GO 455.6 should be modified
to limit the viewing, monitoring, or collection of community members/organizations' social media
information exclusively to aid in criminal investigations or in preparing for significant public
events (with clear safeguards for constitutionally protected classes, characteristics, and activity).
Recommendation #8:
OPO recommends APD modify GO 455.6 to clarify the scope of permissible uses of social
media for official purposes.
OPO notes that current policy does not clearly distinguish to what extent it is permissible to use
social media for gathering open-source information and what the threshold or trigger would be to
require the use of an online alias to attempt to access restricted or private social media sources of
information. GO 455.6 should be clarified to draw clear distinctions between the proper use of
open-source social media and the permissible uses, means, and objectives in attempting to access
restricted or private social media sources.
Recommendation #9:
OPO recommends APD modify GO 455.8(a) to shorten the review period for previously
authorized online aliases.
OPO notes that current policy requires online aliases be reviewed not less than every 90 days. Best
practices indicate that authorized online aliases should be reviewed more frequently based on
activity level, case sensitivity, and duration of use. APD should modify GO 455.8(a) to align its
policy with best practices.
Recommendation #10:
OPO recommends APD modify GO 455.8 to include limitations on interacting with others
via social media online aliases.
OPO notes that current policy lacks any restrictions or limitations on interacting with others
through the use of social media online aliases. Best practices indicate that restrictions should be in
place, at least, regarding people who may or may not be contacted via social media online aliases
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
3
OF
AUTHOR
P.O. BOX 1088, AUSTIN, TEXAS 78767
GIVE
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
POLICY RECOMMENDATION
(e.g. minors, witnesses, defense attorneys, among others without express authorization from a
commanding supervisor or designated supervisor). APD should modify GO 455.8 to establish clear
guidelines and limitations as to authorized subjects and permissible interactions.
Recommendation #11:
OPO recommends APD modify GO 455.9 to prohibit the deletion or destruction of records
of interactions and communications made using social media online aliases.
Best practices indicate that records of interactions and communications made using social media
online aliases should, like other forms of evidence, be properly preserved and, therefore, their
deletion or destruction should be prohibited. APD should modify GO 455.9 to categorically
prohibit the deletion or destruction of records of interactions and communications made using
social media aliases.
Recommendation #12:
OPO recommends APD publish a regular written report on its use of social media for
investigative, intelligence, and/or event-planning purposes.
Best practices indicate that law enforcement agencies that use social media for investigative,
intelligence, and/or event-planning purposes should publish a regular (at least every two years)
written report that includes, at a minimum: the number of criminal investigations and cases in
which social media was used; the number of online aliases used, by which units, and the average
length of time they were used; the number of criminal investigations and cases in which online
aliases were used, the length of time of their use, and the categories of crimes for which they were
used; the number of significant public events for which social media information was viewed,
monitored, or collected, and their dates; among other relevant data. Releasing this and other
information publicly could improve public trust and perception.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
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