Facial recognition software and marketing - February 2020

Beryl Lipton filed this request with the Albuquerque Police Department of Albuquerque, NM.

It is a clone of this request.

Tracking #

20-779

Est. Completion None
Status
Fix Required

Communications

From: Beryl Lipton


To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:

Records and materials related to the solicitation, acquisition, and use of face recognition technology and related software and services.

This software or services may be provided by Clearview, DataWorks, Face++, FaceFirst, Rekognition, Vigilant Solutions, and other companies. This request is applicable to these and any other company providing facial recognition services or capabilities under consideration, under contract, or in use by this agency. This request also applies to internally-created systems, any shared system, and any system housed by another agency but accessible to representatives of this one.

Materials responsive materials include but are not limited to:

1. ALGORITHM or CODE
Any algorithm or code developed for implementation of or as part of this "software" or program. This includes any algorithm or software developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program, as well as any algorithm or source code in use by this program or by which this system conducts calculations or decision making. This would include original source code, any compiled binaries (also known as executables), specification documents, spreadsheets, program scripts, and other digital materials used to calculate any data in the above program.

2. INPUT DATA
Any input training data for the "software" or related machine learning algorithms or programs.

For the aspects of the software that require an input (for example, to compute a value), please provide a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, please provide all material save for specific information that is specifically exempted by law. Please also provide a description of input and output data fields that will aid in understanding the type of information that is submitted to the software and that is produced by the software.

3. AGREEMENTS and CONTRACTS
Any and all agreements related to the acquisition and use of this "software," algorithm, or program.

This includes (but is not limited to) all contracts (as well as associated amendments, attachments, and exhibits), data sharing agreements, insurance agreements, intergovernmental services agreements, licensing agreements, memorandums of understanding, and nondisclosure agreements regarding or relevant to this software or program.

Please provide a copy of any informal agreements, insurance agreements, liability waivers, and warranties that reference this technology or otherwise guide its use or the relationship between this agency, the provider or developer of the "software," or any other partner or entity that may use or access it.

4. BIDDING and PROCUREMENT
A copy of any available or relevant Requests for Expressions of Interest, Requests For Proposal (or equivalent calls for bids), responses to Requests for Expressions of Interest, letters of interest, responses to Requests for Proposal, sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question.

5. FINANCIAL and FUNDING MATERIALS
Any records related to the financing or funding of this "software," including a copy of any related funding opportunity announcements, grant applications, grantor status/progress reports, purchase orders, invoices, and other memoranda and documentation related to the payment or cost (or lack thereof) of the "software," related technology, personnel, equipment, or other elements concerning this "software" or program.

6. INSTRUCTIONAL MATERIALS and TRAINING
All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software."

This includes any notes taken during meetings that discussed the use of the software, any explanations (whether generated internally or externally) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries.

This also includes training material governing the use, sharing, or access to the "software" or any data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology.

7. PRIVACY ASSESSMENTS
A copy of any data retention guidelines or policies, data security policies, data security specifications, privacy impact assessments, security audits, or other materials evaluating or guiding the security of the "software" or the privacy of the data involved.

8. USE POLICIES
Please provide a copy of any policy directives, guidance documents, memoranda, training materials, or similar records governing the use and function of this technology for immigration, law enforcement, or any purpose, including all those related to data retention, permissible and impermissible use, and security standards. This would include materials that describe the application, function, and use of the "software," including advertisements, emails, handouts, usage policies, PowerPoint presentations, specification documents, or standard operating procedures.

9. AUDITS, REPORTS, and VALIDATION STUDIES
A copy of all reports concerning or mentioning the "software," including audit records, annual reports that mention the use of the "software," reports to legislative bodies, misuse reports, reports to oversight bodies.

This also includes all impact and validation studies. Please provide a copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program. Please also provide a copy of any records pertaining to inquiries for the need of validation studies or discussion of potential or actual validation studies. A “validation study” in this context is any study designed to assess how accurate the program is in predicting what it is supposed to predict, used to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or intended to evaluate whether the software does or will produce any results that are biased or unexpected in any way.

10. COMMUNICATION and MARKETING MATERIALS
All communications or marketing materials relevant to or mentioning this "software" or program.

This includes any correspondence between any staff at this agency with any other organization or vendor relevant to the use of the aforementioned technology or program, including records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing this technology for immigration, intelligence, law enforcement, or any use. This also includes correspondence in the form of emails, email attachments, paper letters, text message, and any other form of correspondence, as well as all marketing materials - unsolicited, requested, or otherwise - acquired from vendors of this technology.

If your office has questions about this request, please feel free to direct them to the address associated with this request or call the MuckRock office at 617-299-1832.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Beryl Lipton

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

Your first City of Albuquerque record request (request number #20-779) has been submitted.
It is currently unpublished and is not available for the general public to view.

Request #20-779.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Hello,

On February 3, 2020, we received your request to inspect certain records. We need additional time to respond. Although it may be sooner, it may take up to fifteen (15) calendar days to respond to your request.           

 

To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:

Records and materials related to the solicitation, acquisition, and use of face recognition technology and related software and services.

This software or services may be provided by Clearview, DataWorks, Face++, FaceFirst, Rekognition, Vigilant Solutions, and other companies. This request is applicable to these and any other company providing facial recognition services or capabilities under consideration, under contract, or in use by this agency. This request also applies to internally-created systems, any shared system, and any system housed by another agency but accessible to representatives of this one.

Materials responsive materials include but are not limited to:

* ALGORITHM or CODE

Any algorithm or code developed for implementation of or as part of this "software" or program. This includes any algorithm or software developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program, as well as any algorithm or source code in use by this program or by which this system conducts calculations or decision making. This would include original source code, any compiled binaries (also known as executables), specification documents, spreadsheets, program scripts, and other digital materials used to calculate any data in the above program.

* INPUT DATA

Any input training data for the "software" or related machine learning algorithms or programs.

For the aspects of the software that require an input (for example, to compute a value), please provide a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, please provide all material save for specific information that is specifically exempted by law. Please also provide a description of input and output data fields that will aid in understanding the type of information that is submitted to the software and that is produced by the software.

* AGREEMENTS and CONTRACTS

Any and all agreements related to the acquisition and use of this "software," algorithm, or program.

This includes (but is not limited to) all contracts (as well as associated amendments, attachments, and exhibits), data sharing agreements, insurance agreements, intergovernmental services agreements, licensing agreements, memorandums of understanding, and nondisclosure agreements regarding or relevant to this software or program.

Please provide a copy of any informal agreements, insurance agreements, liability waivers, and warranties that reference this technology or otherwise guide its use or the relationship between this agency, the provider or developer of the "software," or any other partner or entity that may use or access it.

* BIDDING and PROCUREMENT

A copy of any available or relevant Requests for Expressions of Interest, Requests For Proposal (or equivalent calls for bids), responses to Requests for Expressions of Interest, letters of interest, responses to Requests for Proposal, sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question.

* FINANCIAL and FUNDING MATERIALS

Any records related to the financing or funding of this "software," including a copy of any related funding opportunity announcements, grant applications, grantor status/progress reports, purchase orders, invoices, and other memoranda and documentation related to the payment or cost (or lack thereof) of the "software," related technology, personnel, equipment, or other elements concerning this "software" or program.

* INSTRUCTIONAL MATERIALS and TRAINING

All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software."

This includes any notes taken during meetings that discussed the use of the software, any explanations (whether generated internally or externally) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries.

This also includes training material governing the use, sharing, or access to the "software" or any data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology.

* PRIVACY ASSESSMENTS

A copy of any data retention guidelines or policies, data security policies, data security specifications, privacy impact assessments, security audits, or other materials evaluating or guiding the security of the "software" or the privacy of the data involved.

* USE POLICIES

Please provide a copy of any policy directives, guidance documents, memoranda, training materials, or similar records governing the use and function of this technology for immigration, law enforcement, or any purpose, including all those related to data retention, permissible and impermissible use, and security standards. This would include materials that describe the application, function, and use of the "software," including advertisements, emails, handouts, usage policies, PowerPoint presentations, specification documents, or standard operating procedures.

* AUDITS, REPORTS, and VALIDATION STUDIES

A copy of all reports concerning or mentioning the "software," including audit records, annual reports that mention the use of the "software," reports to legislative bodies, misuse reports, reports to oversight bodies.

This also includes all impact and validation studies. Please provide a copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program. Please also provide a copy of any records pertaining to inquiries for the need of validation studies or discussion of potential or actual validation studies. A “validation study” in this context is any study designed to assess how accurate the program is in predicting what it is supposed to predict, used to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or intended to evaluate whether the software does or will produce any results that are biased or unexpected in any way.

* COMMUNICATION and MARKETING MATERIALS

All communications or marketing materials relevant to or mentioning this "software" or program.

This includes any correspondence between any staff at this agency with any other organization or vendor relevant to the use of the aforementioned technology or program, including records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing this technology for immigration, intelligence, law enforcement, or any use. This also includes correspondence in the form of emails, email attachments, paper letters, text message, and any other form of correspondence, as well as all marketing materials - unsolicited, requested, or otherwise - acquired from vendors of this technology.

If your office has questions about this request, please feel free to direct them to the address associated with this request or call the MuckRock office at 617-299-1832.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Beryl Lipton

 

Sincerely,

 

Diane Roberts

Acting APD IPRA Records Custodian/Acting IPRA Supervisor

O (505) 768-2085

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Dear requester:

Your request will require us to conduct an email search and we are still gathering potentially responsive records.  As a result of the time required for this search, we need an additional period of time to process your request and are deeming your request broad and burdensome.

Sincerely,

Ethan Watson

Acting City Clerk

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

Documents have been released to you for record request #20-779:

* MOU Bureau of Alcoholm Tobacco Fireams and Explosives (ATF) APD (1).pdf

* MOU Bureau of Alcoholm Tobacco Fireams and Explosives (ATF) APD.pdf

* MOU Cooperative Agreement between the DEA and APD.pdf

* MOU Intelligence and Security Bureau NM Dept of Homeland Security and Emergency Management Intelligence and Security Bureau APD (1).pdf

* MOU Intelligence and Security Bureau NM Dept of Homeland Security and Emergency Management Intelligence and Security Bureau APD.pdf

* MOU - Cyber Task Force with FBI.pdf

* MOU Between FBI and APD.pdf

Document links are valid for one month.
After April 25, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

  • MOU20Bureau20of20Alcoholm20Tobacco20Fireams20and20Explosives20ATF2020APD201_6dEwFmM.pdf

  • MOU20Bureau20of20Alcoholm20Tobacco20Fireams20and20Explosives20ATF2020APD202_uovfNvP.pdf

  • MOU20Between20FBI20and20APD201_mYEdcfi.pdf

  • MOU20Intelligence20and20Security20Bureau20NM20Dept20of20Homeland20Security20and20Emer_Kd26cwb.pdf

  • MOU20-20Cyber20Task20Force20with20FBI201_xCuQ1gK.pdf

  • MOU20Intelligence20and20Security20Bureau20NM20Dept20of20Homeland20Security20and20Emer_5Sjuw7g.pdf

  • MOU20Cooperative20Agreement20between20the20DEA20and20APD201_gHAPm0j.pdf

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

Documents have been released to you for record request #20-779:

* Following up on Clearview from PTX.eml

* Please activate your Clearview account.eml

* Your Clearview account is still waiting.eml

* Your Clearview account is waiting.eml

Document links are valid for one month.
After April 25, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A document has been released for record request #20-779 along with the following message:

Hello,

This email will acknowledge partial completion of your public records request dated February 3, 2020. 

 Responsive records:

* Clearview AI

* Standard Operating Procedure

* Memorandum of Understanding

We have pending/potential responsive records:

* Emails – Facial Recognition Software

* Purchase Orders / Invoices

We have No responsive records:

* Grayshift

 

You may access your NextRequest profile at the following website: 

 https://nextrequest.cabq.gov/users/sign_in

 If you have not created a profile, go to the following link: 

 https://nextrequest.cabq.gov/sign_in_help

 

Sincerely,

Diane Roberts

Acting APD IPRA Records Custodian/Acting IPRA Supervisor

O (505) 768-2085

* 335108114-APD-s-Facial-Recognition-Technology-procedural-order.pdf

Document links are valid for one month.
After April 25, you will need to sign in to view the document(s).

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

  • 335108114-APD-s-Facial-Recognition-Technology-procedural-order_ziFU4aB.pdf

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Dear requester:

Pursuant to the New Mexico Inspection of Public Records Act, the custodian can request a deposit.  We are requesting a deposit of 6.99 to cover the actual cost of the disk of emails responsive to this request.  Once we receive the deposit, we will process the emails.  Please send a business check or money order to The Office of the City Clerk, 600 Second Street, NW Ste. 720, Albuquerque NM 87102.   We will follow up on June 17, 2020 if we have not received your deposit.

Sincerely,

Ethan Watson

City Clerk

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Hello,

Due to COVID-19, we are working remotely and at a limited capacity. Unfortunately, it is affecting our response time. I apologize for the delay.

 

Sincerely, 

 

Nyvia Barraza

IPRA Specialist for APD/IPRA Supervisor

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Hello,

Due to COVID-19, we are working remotely and at a limited capacity. Unfortunately, it is affecting our response time. I apologize for the delay.

 

Sincerely, 

 

Nyvia Barraza

IPRA Specialist for APD/IPRA Supervisor

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Hello

Due to COVID-19, we are working remotely and at a limited capacity. Unfortunately, it is affecting our response time. I apologize for the delay.

Sincerely, 

Nyvia Barraza

IPRA Specialist for APD/IPRA Supervisor

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

A message was sent to you regarding record request #20-779:

Hello requester:

In June, we emailed you requesting a deposit for this request.  We have emailed you multiple times since that time and have not received a response.  As a result, we are going to close this request. Please feel free to submit a new request in the future.

Sincerely,

Ethan Watson

City Clerk

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: Albuquerque Police Department

City of Albuquerque

************************************************************************

Hi there

Record request #20-779 has been closed. The closure reason supplied was:

Dear requester:

This request is now closed. 

Sincerely,

Ethan Watson

City Clerk

 

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

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