MPIA Request for Information Re: Your Agency's Use of Facial Recognition Software (Anne Arundel County Police Department)

Amelia McDonell-Parry filed this request with the Anne Arundel County Police Department of Anne Arundel County, MD.

It is a clone of this request.

Multi Request MPIA Request for Information Re: Your Agency's Use of Facial Recognition Software
Status
Completed

Communications

From: Amelia McDonell-Parry

To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I am hereby requesting access to the records listed below and held by the Anne Arundel County Police Department:

- A list of every instance in which the Anne Arundel County Police Department has used facial recognition software – including but not limited to the Thales Cogent Mugshot System (CMS) – since January 1, 2022;

- A list of all Facial Recognition (FR) Record Numbers and/or CMS Transaction Numbers generated since January 1, 2022;

- A list of all facial recognition software systems used by the Anne Arundel County Police Department since January 1, 2022;

- Contracts between the Anne Arundel County Police Department and any facial recognition software companies;

- Users manuals for all facial recognition software used by the Anne Arundel County Police Department;

- The total number of Facial Recognition Match Reports generated since January 1, 2022;

- The total number of positive facial recognition results generated since January 1, 2022;

- The total number of instances in which the Anne Arundel County Police Department identified a suspect or person of interest using facial recognition software since January 1, 2022;

- A list of all social media platforms used by the Anne Arundel County Police Department in conjunction with facial recognition software;

- All the Anne Arundel County Police Department policies and procedures pertaining to the use of facial recognition software;

- Names of all individuals employed or contracted by the Anne Arundel County Police Department who are trained in the use of facial recognition software;

- A description of the Anne Arundel County Police Department's facial recognition training requirements.

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. Alternatively, please consider waiving any fees, pursuant to § 4-206(e)(2)(ii) of the General Provisions Article, as this request is on behalf of individuals served by the Maryland Office of the Public Defender, a state government agency, which solely serves indigent citizens of Maryland. As a result, my request for the above-listed public records is in the public interest. I would prefer the request be 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 10 calendar days, as the statute requires.

Sincerely,

Deborah Katz Levi
Director of Special Litigation
Maryland Office of the Public Defender
(443) 272-1068

From: Anne Arundel County Police Department

This correspondence is in response to your request for public record(s).
Your request will be evaluated in accordance with the Maryland Public
Information Act, Annotated Code of Maryland, General Provisions Article §
4-101, et seq. (MPIA). Specifically, you have requested records pertaining
to the Department's use of facial recognition technology.

Pursuant to MPIA § 4-203(b)(2) it is reasonably expected that it will take
more than 10 business days to respond to your request. The reason for this
is because I am not in direct custody of the potentially responsive records
or information. I am seeking response from other members/components of the
Department currently. Once the status and related information pertaining to
the responsive records is determined I will be able to advise you of the
estimated fees and related waiver of fees outcome (if applicable), as well
as a more accurate estimation of time required to produce. However,
response will be within the required 30 days.

Sincerely,
Christine Ryder
Anne Arundel County Police Department
Custodian of Records

From: Anne Arundel County Police Department

This correspondence is in response to your request for public record(s).
Your request has been evaluated in accordance with the Maryland Public
Information Act, Annotated Code of Maryland, General Provisions Article §
4-101, et seq. (MPIA). Specifically, you have requested information
pertaining to the Department’s use of facial recognition technology.

Upon search, the Department’s Index Code pertaining to facial recognition
use is attached. It is also available online at
*https://public.powerdms.com/AAC/tree/documents/2395415
<https://public.powerdms.com/AAC/tree/documents/2395415>*. As you will find
in review, the Department utilizes facial recognition technology through
MCAC. Since January 1, 2022, thirty-three reports indicate use of facial
recognition technology. Thirteen of those inquiries indicate that a lead
was produced. There are no contracts, training manuals, list of users or
platforms responsive to your request.

Additionally, some specialized units may utilize other tools and technology
to produce leads to help identify human trafficking or sexual exploitation
victims. However, disclosure concerning use of other specific applications
could reveal security and intelligence techniques, abilities and converse
limitations. Such disclosure could jeopardize the Department’s ability to
respond to matters of public safety, which is contrary to the public
interest. After careful consideration, this portion of your request is also
denied in accordance with Sections 4-343 and 4-351(b)(1)(5).

Please feel free to contact me if you have questions/concerns about this
response. Pursuant to MPIA § 4-362, you are entitled to seek judicial
review of this response. You may also refer any concerns about this
response to the Public Access Ombudsman. If the Ombudsman is unable to
resolve the matter, you may subsequently seek a resolution from the Public
Information Act Compliance Board for those matters within the Compliance
Board’s jurisdiction. See MPIA §§ 4-1A-01 et seq. and MPIA §§ 4-1B-01 et
seq.

Sincerely,
Christine Ryder
Anne Arundel County Police Department
Custodian of Records

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