Automated License Plate Readers (Fresno County Sheriff's Office)

Dave Maass filed this request with the Fresno County Sheriff's Office of Fresno County, CA.

It is a clone of this request.

Tracking #

22-451

Multi Request Automated License Plate Readers
Est. Completion May 12, 2023
Status
Withdrawn

Communications

From: Dave Maass

Dear Custodian of Records:

This letter constitutes a request under the California Public Records Act ("CPRA") from the Electronic Frontier Foundation, submitted with the assistance of MuckRock News.

We request the following records related to Automated License Plate Readers ("ALPRs") and your law enforcement agency ("Agency").

Part A - Information related to ALPR data sharing.

A1. The names of agencies and organizations with which the Agency shares ALPR data;
A2. The names of agencies and organizations from which the Agency receives ALPR data;
A3. The names of agencies and organizations with which the Agency shares “hot list” information;
A4. The names of agencies and organizations from which the Agency receives “hot list” information.
The information requested in items A1-A4 is readily available for extraction through the ALPR software you use. For example, with Vigilant Solutions/Motorola Solutions, this data can be exported easily using the Data Sharing Report function. With Flock Safety, this information is available through the transparency portal function. Other software, such as BOSS, has similar functionality.

Most agencies have encountered little difficulty in providing this information (see below). In a small number of cases, an agency has interpreted items A1-A4 as requesting the creation of a record that does not exist. We disagree: this data is maintained by your software, can be exported through software your agency has already purchased, and is therefore subject to CPRA.

However, should you disagree, you may alternatively produce the following records:

A5. All agreements, memoranda of understanding, requests, or other certifying documents that external agencies have signed to comply with Sec 1798.90.52(b) for accessing your agency's ALPR data. These documents are also often required under the "Releasing ALPR Data" subsection of a California law enforcement agency's SB 34 policy.
A6. All agreements, memoranda of understanding, requests, or other certifying documents that your agency has signed pursuant to Sec 1798.90.52(b) to access other agencies' ALPR data.
A7. All "records of access" required by Sec. 1798.90.52(a) for the periods January 1, 2021 until the date of processing this request.

Items A5-A7 are not necessary if your agency provides the information requested in items A1-A4. We feel that items A1-A4 are more focused and would require less labor from your agency to produce.

Part B - Information Related to Numbers of “Detections” (plate scans) and “Hits” (plate scans that matched to a hotlist)

B1. The aggregate number of "detections" collected during 2021.
B2. The aggregate number of “hits” during 2021.
B3. The aggregate number of "detections" from January 1, 2022 until the date this request is processed. If your agency has a retention period shorter than 1 year, please provide whatever data is available based on your retention period. For example, most Flock Safety systems may not have this data beyond 30 days.
B4. The aggregate number of “hits” from January 1, 2022 until the date this request is processed. If your agency has a retention period shorter than 1 year, please provide whatever data is available based on your retention period.

The information requested in items B1-B4 is readily available through the ALPR software you use. For example, with Vigilant Solutions/Motorola Solutions, this data can be exported easily using the Hit Ratio Report function. With Flock Safety, this information is available through the transparency portal function. Other software, such as BOSS, has similar functionality. As noted above, this information exists within your system and can be easily exported with existing software.

Part C - Assistance, Description, and Recommendations.

We make the following requests under section 6253.1 of the California Public Records Act

C1. A description of the information technology and physical location in which the records exist.
C2. Assist us identifying records and information that will help the public understand how ALPR data and hotlists are shared, how much data is collected year-to-year, and how much of that data matches a hot list; and
C3. Provide suggestions for overcoming any practical basis for denying access to the information sought.

Please note that more than 80 California law enforcement agencies have provided the information requested in Parts A1-A4 and B1-B4 in previous years. For your reference we have included a list below with the names of the agencies that have historically provided these records.

American Canyon Police Department
Auburn Police Department
Bakersfield Police Department
Beaumont Police Department
Bell Gardens Police Department
Bell Police Department
Belvedere Police Department
Beverly Hills Police Department
Brawley Police Department
Brentwood Police Department
Buena Park Police Department
Burbank Police Department
Carlsbad Police Department
Cathedral City Police Department
Chino Police Department
Chula Vista Police Department
Citrus Heights Police Department
Claremont Police Department
Clayton Police Department
Contra Costa County Sheriff's Office
Coronado Police Department
CSU Fullerton Police Department
Cypress Police Department
El Segundo Police Department
Fairfield Police Department
Folsom Police Department
Fontana Police Department
Fresno Police Department
Fullerton Police Department
Galt Police Department
Garden Grove Police Department
Gardena Police Department
Glendale Police Department
Hemet Police Department
Hermosa Beach Police Department
Imperial Police Department
Irvine Police Department
La Habra Police Department
La Mesa Police Department
La Verne Police Department
Laguna Beach Police Department
Livermore Police Department
Lodi Police Department
Long Beach Police Department
Marin County Sheriff's Office
Martinez Police Department
Merced Police Department
Mill Valley Police Department
Modesto Police Department
Monterey Park Police Department
Newport Beach Police Department
Oakley Police Department
Orange County Sheriff's Office
Orange Police Department
Palm Springs Police Department
Palos Verdes Estates Police
Pasadena Police Department
Pleasant Hill Police Department
Pomona Police Department
Redlands Police Department
Redondo Beach Police Department
Ripon Police Department
Roseville Police Department
Salinas Police Department
San Bernardino County Sheriff's Office
San Diego County Sheriff's Office
San Diego Police Department
San Mateo County Sheriff's Office
Sausalito Police Department
Simi Valley Police Department
Stanislaus County Sheriff's Office
Stockton Police Department
Tiburon Police Department
Torrance Police Department
Tracy Police Department
Tustin Police Department
West Sacramento Police Department
Westminster Police Department
Woodland Police Department
Yolo County Sheriff's Office
(This URL links to a dataset with links to the records: https://www.eff.org/document/data-driven-2-california-dragnet-data-set )

CPRA requires you to undertake reasonable efforts to locate responsive records and to work in good faith with requesters to respond to their request. See CYAC v. City of National City, 220 Cal.App.4th 1385, 1430 (2013). Thus under the CPRA you are obligated to conduct a reasonable search and cannot deny a request merely because it might generate a large volume of records.

We ask that you please respond to this request within 10 days either by providing all the requested records or by providing a written response setting forth the legal authority on which you rely in withholding or redacting any document, as well as stating when documents will be made available. Should you choose to withhold or reject this request, we ask that you provide an explanation of why your agency is responding differently compared to the many others that have complied with our request.

We also request that any records maintained in an electronic format be provided in that same format (such as a PDF, CSV or XLS file), to avoid copying costs.

However, should you be unable to do so, EFF will reimburse you for the direct costs of copying these records (if you elect to charge for copying) plus postage. If you anticipate that these costs will exceed $25.00, or that the time needed to copy the records will delay their release, please contact me so that I can arrange to inspect the documents or decide which documents I wish to have copied. Please also provide an invoice and a cost breakdown of the fee estimate. If the fees are less than $25.00, please copy and send the records and invoice as soon as possible, and we will promptly pay the required costs.

Thank you for your consideration of this request. If you have any questions or concerns, or if I can provide any clarification that will help identify responsive documents or focus this request, please do not hesitate to contact me at (415) 436-9333 x151 or dm@eff.org. You may also mail correspondence to the Electronic Frontier Foundation, 815 Eddy. St. San Francisco, CA, 94109.

Sincerely,


Dave Maass
Director of Investigations
Electronic Frontier Foundation

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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Your first Fresno County Sheriff's Office record request (request number #22-451) has been submitted.
It is currently unpublished and is not available for the general public to view.

Thank you for submitting your request. Please consider this acknowledgement of receipt. We will be in contact with you within 10 days.

The due date for your request may be later than usual because the office is closed on:


* November 11: Veterans Day

Request #22-451.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Good Morning,

In regard to, Part A - Information related to ALPR data sharing.

A1. The names of agencies and organizations with which the Agency shares ALPR data;

A2. The names of agencies and organizations from which the Agency receives ALPR data;

A3. The names of agencies and organizations with which the Agency shares “hot list” information;

A4. The names of agencies and organizations from which the Agency receives “hot list” information.

The PRA does not support mere requests for “information.” The PRA is for “records” maintained and existing within the agency.

Per Government Code Section 6252(e), "Public Records" includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

Per Government Code Section 6252(g), "Writing" means any handwriting, typewriting, printing, Photostatting, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

We do have an obligation, however, to produce “data,” that is responsive, IF we track and maintain it.

We can provide an index or summary of responsive data if the data is inextricably intertwined with non-responsive or exempt data.

As for A5-A7, and Part B of your request we are working on it to see what if any data we have that can be released.

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Good Morning,

Pursuant to Government Code section 6253(c), we have reviewed your request and determined we have disclosable records responsive to your request.

The Fresno County Sheriff's Office has added your request to our PRA processing queue. Due to the current backlog of requests, the current estimate to have your records available is on or around December 30, 2022, although we may be able to process it sooner.

Once we review what records we have, we will be in contact with you regarding costs to release those records.

 

  

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Good morning,

Can you provide a physical address you would like us to send your information too?

Thank you

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Dave Maass

Thank you. Please send the records to 815 Eddy St., San Francisco, CA 94109 with Attn: Dave Maass

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Please find enclosed/attached an invoice for the records you have requested. The fees charged are permissible pursuant to Government Code 6253(b) related to statutory fees.

The statutory authority can be found in the Fresno County Master Schedule of Fees authorized per the Fresno County Board of Supervisors.

We accept cash, cashier's checks, money orders and company checks. We do not accept personal checks or credit cards. Once payment is received, we will send you the records on a thumb drive via USPS.

Redactions are made in compliance with applicable exemptions under state law or to remove personally identifiable information or to protect confidential medical, financial or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in the records.

Thank you,

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A document has been released to you for record request #22-451:

* Invoice_SO20089_from_FRESNO_COUNTY_SHERIFF.pdf

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From: Dave Maass

To Whom It May Concern:

We are willing to pay the fees for the drive and USPS postage, however we object to the $116.64 fee for pages. You are providing us digital copies, not paper copies.

As of December 12, 2022 more than 125 California law enforcement agencies have provided us responsive records to identical requests without assessing a fee. Fresno County Sheriff's Office is alone so far in assessing this fee.

Could you please explain the statutory authority for applying this fee? Could you also explain how FCSO is unique among California law enforcement agencies in this regard?

Please feel free to connect me with your legal counsel.

Sincerely,

Dave Maass
Director of Investigations
Electronic Frontier Foundation

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Good Morning,

The Fresno County Sheriff-Coroner's Office has reviewed your request for a waiver of fees.

When the State Legislature passed the Public Records Act granting the public increased access to information, they recognized there would be costs related to providing the information, so they included a cost recovery provision in the law. Knowing the actual costs to the government agencies to facilitate release of the information would be passed onto the requestor, they limited the government’s cost recovery to “direct costs” or a “statutory fee”. This can be found in the Government Code under section 6253(b).

 

The fees listed on your invoice are the statutory fees we charge to provide you the information you requested and the direct costs of mailing it to you. These fees can be located on the USPS website and the Fresno County Master Schedule of Fees, which can be located on the County of Fresno website.

 

Your request for a waiver of fees is denied. 

 

We accept the following forms of payment: cash, cashier’s check, money order or company checks only. We do not accept personal checks or credit cards. Once we receive payment for the records, we will send these records via thumb drive to the address listed in your email.

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Good Morning,

Once we receive payment the documents will be released.

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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A message was sent to you regarding record request #22-451:

Good Morning,

On December 9, 2022 a message was sent explaining the cost to obtain the requested records listed above.

If you still want these records, please respond by May 12, 2023. If we have not received any correspondence or payment from you by May 12, 2023, we will interpret that as the records are no longer desired and close this request.

I look forward to hearing from you.

Public Records Unit

Fresno County Sheriff’s Office

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fresno County Sheriff's Office

Fresno County Sheriff's Office

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Record request #22-451 has been closed.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fresno County Sheriff's Office.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

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