Mobile Biometric Technologies (SANDAG/ARJIS)

Dave Maass filed this request with the SANDAG/ARJIS of San Diego, CA.
Status
Completed

Communications

From: Dave Maass

Dear Custodian of Records/Public Records Coordinator,

The Electronic Frontier Foundation, a public interest group, and the media organization MuckRock, are collaborating to survey how law enforcement agencies deploy mobile biometric technologies.

Mobile biometric technologies can be defined as any mobile device or mobile app used by law enforcement agencies to scan, capture, analyze, store, or automatically recognize any physical or biological characteristic of a subject. Commonly used mobile biometric technologies include fingerprint/thumbprint collection, facial recognition, scans of the iris or other elements of the human eye, Rapid DNA, and tattoo recognition. (Please see below for examples.)

Pursuant to the California Public Records Act, I request the following records pertaining to mobile biometric technologies, including those listed above, as well as other biometric technologies I have not identified:

1) Purchasing and procurement documents, including but not limited to: purchase orders, RFPs, responses to RFPs, invoices and contracts

2) Policy, procedural, and training documents, including but not limited to: use policies, standard operating procedures, training materials, presentations, privacy assessments, data retention policies, and other guidelines

3) Programming documents, including but not limited to: funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports

4) Audit documents, including but not limited to: audits of the system, misuse reports, and reports to oversight bodies

In your response, I would appreciate that you individually address each of the above categories of documents individually.

In addition to the above classes of documents, I am also seeking the following information:

- The total number of individuals whose biometric data has been collected over the last three years,
- The total number of [biometric data points] contained in the agency’s database
- The retention period for biometric data
- The number of mobile biometrics devices purchased and in use
- The total number of authorized users of the mobile biometrics devices
- Which external agencies and entities have access to biometric data in the database and under what conditions,
- Whether biometric data is combined with biographic data such as name and address in the database, and
- The process by which data is entered into the database

These documents will be published online and inform the public dialog over police technology. Because of the great public interest in these issues, I ask that you waive any fees. If your agency is unable to do so, please contact me with an estimate of the costs.

Thank you.

Sincerely,

Dave Maass
Investigative Researcher
Electronic Frontier Foundation

Examples:

Mobile facial recognition
http://www.utsandiego.com/news/2013/nov/08/cir-facial-recognition-software-san-diego/

Mobile fingerprint readers
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1824&issue_id=62009

Mobile iris scanners
http://www.reuters.com/article/2011/07/20/us-crime-identification-iris-idUSTRE76J4A120110720

Rapid DNA
http://www.policemag.com/channel/technology/articles/2014/02/speeding-up-dna-analysis.aspx

Mobile Tattoo Recognition
http://www.lawofficer.com/articles/print/volume-10/issue-4/features/new-smartphone-app-interprets.html

From: Stevens, Peter

Mr. Maass,
This correspondence serves as SANDAG's response to your request for records under the California Public Records Act (Government Code section 6250, et seq.) received on August 13, 2015. Your request, generally, and SANDAG's response are as follows:
With regards to mobile biometric technologies,

* Purchasing and procurement documents

* Policy, procedural and training documents

* Programming documents

* Audit documents

Additionally, you requested several items of information pertaining to biometric data.

SANDAG has records responsive to your request. However, SANDAG requires additional time in order to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request, pursuant to Government Code section 6253(c)(2). SANDAG will therefore provide the records you requested on or by August 31, 2015.

Your request has been given a reference number of 15-114. Please use this number in any correspondence on this matter.

If you have any further questions please feel free to contact me at (619) 595-5622 or peter.stevens@sandag.org<mailto:peter.stevens@sandag.org>.

Peter Stevens, Esq.
Paralegal
SANDAG
401 B Street, Suite 800
San Diego, CA 92101
619-595-5622
peter.stevens@sandag.org<mailto:peter.stevens@sandag.org>

CONFIDENTIAL - ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE
The information contained in this e-mail message, including attachments, is intended only for the confidential use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product and/or other applicable privileges. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, or you received this document through inadvertent error, any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of this message and any attachments.

From: SANDAG/ARJIS

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From: Stevens, Peter

Mr. Maass,
This correspondence serves as SANDAG's response to your request for records under the California Public Records Act (Government Code section 6250, et seq.) received on August 13, 2015. Your request, generally, and SANDAG's response are as follows:
With regards to mobile biometric technologies,

· Purchasing and procurement documents

· Policy, procedural and training documents

· Programming documents

· Audit documents

Additionally, you requested several items of information pertaining to biometric data.

SANDAG has records responsive to your request. These records will be provided via SANDAG's file sharing system, "We Transfer." Please expect an email from "We Transfer" that includes a link to the files and download promptly as the link will expire.

Please note, with regards to any document listing the number of queries to the database, the number of queries listed is always the total number of queries since the system became active in 2013.

Records containing security information of state and local police agencies have been withheld under the following exemptions to the California Public Records Act.

· Exempt from disclosure under Government Code section 6254.19.

· Exempt from disclosure under Government Code section 6255 because the public interest in averting an attack on an information technology system of a public agency clearly outweighs the public interest served by disclosure of the records.

With regards to your requests for information, SANDAG's responses are as follow:

· The total number of individuals whose biometric data has been collected over the last three years.

o TACIDS checks photographs taken on TACIDS devices by law enforcement officers in the field against booking photographs taken at the San Diego County Jail. 402,708 arrested individuals have been enrolled in the Sheriff's mugshot database.

· The total number of [biometric data points] contained in SANDAG's database.

o SANDAG is unable to determine what information is being requested.

· The retention period for biometric data

o Please see Section 7 of the Acceptable Use Policy for Facial Recognition.

· The number of mobile biometrics devices purchased and in use

o As of August 6, 2015, 481 TACIDS devices had been purchased and were in use.

· The total number of authorized users of the mobile biometrics devices

o As of August 6, 2015, there were 928 authorized TACIDS users.

· Which external agencies and entities have access to biometric data in the database and under what conditions

o Agencies using TACIDS devices

§ San Diego Sheriff

§ San Diego PD

§ Immigration and Customs Enforcement

§ National City PD

§ Oceanside PD

§ Escondido PD

§ Chula Vista PD

§ San Diego State University PD

§ US Marshal Service

§ San Diego Probation

§ California Dept of Corrections

§ San Diego Harbor Police

§ California Highway Patrol

§ US Customs

§ Carlsbad PD

§ La Mesa PD

§ US Border Patrol

§ Coronado PD

§ US Department of State (Fraud Div)

§ Drug Enforcement Administration

§ California Dept of Insurance

§ San Diego District Attorney

§ San Diego Unified School District PD

§ San Diego Community College District

§ El Cajon PD

§ Del Mar Park Ranger

§ US Fish and Wildlife

§ FBI San Diego

§ UCSD Police

o Agencies have access to TACIDS devices and software, but not to the database itself.

o Please see the Acceptable Use Policy for Facial Recognition for conditions to gain access to TACIDS devices.

· Whether biometric data is combined with biographic data such as name and address in the database

o Booking records in the database include biographic data collected during the booking process plus the mugshot photographs.

· The process by which data is entered into the database

o This process is controlled by the San Diego County Sheriff's Department.

o Officers in the field using TACIDS devices do not enter photographs or other information into the database.

o Please see the Acceptable Use Policy for Facial Recognition for further information.

Your request has been given a reference number of 15-114. Please use this number in any correspondence on this matter.

If you have any further questions please feel free to contact me at (619) 595-5622 or peter.stevens@sandag.org<mailto:peter.stevens@sandag.org>.

Peter Stevens, Esq.
Paralegal
SANDAG
401 B Street, Suite 800
San Diego, CA 92101
619-595-5622
peter.stevens@sandag.org<mailto:peter.stevens@sandag.org>

CONFIDENTIAL - ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE
The information contained in this e-mail message, including attachments, is intended only for the confidential use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product and/or other applicable privileges. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, or you received this document through inadvertent error, any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of this message and any attachments.

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