Facial recognition software and marketing - February 2019 (Cleveland Police Department)

Dear Beryl Lipton,
Thank you for your interest in public records of the City of Cleveland. Your request has been received and is being processed in accordance with the public records laws. Your request was received in this office on 2/21/2019 and has been given the reference number P002436-022119 for tracking purposes.
Records Requested: To Whom It May Concern:Pursuant to the Ohio Open Records Law, 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 Rekognition, Face++, and FaceFirst; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.Materials responsive materials include but are not limited to:• Agreements: contracts (including non-disclosure agreements), licensing agreements, nondisclosure agreements• Bid records: Requests For Proposal (or equivalent calls for bids), 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• Company relations and communications: records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing face recognition to this agency for immigration, intelligence, law enforcement, or other use.• Financial records: purchase orders, invoices, and other memoranda and documentation.• Marketing records: All marketing materials - unsolicited, requested, or otherwise - acquired from vendors of face recognition technology• Policy records: any policy directives, guidance documents, memoranda, training materials, or similar records governing the use of face recognition technology for immigration, law enforcement, or other purposes.• Training records: training material governing the use, sharing, or access to any related data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology• Use and function records: Materials that describe the function of the software considered or in use by this agency, including emails, handouts, PowerPoint presentations, advertisements, or specification documents.Please limit the search to records produced from January 1, 2017 – present. Please include in your search as responsive records: communications, memorandums, background papers, meeting minutes, email exchanges, or presentation materials. 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 10 business days.Sincerely,Beryl LiptonUpload documents directly: https://www.muckrock.com/accounts/agency_login/cleveland-police-department-661/facial-recognition-software-and-marketing-february-2019-cleveland-police-department-69531/?uuid-login=d2bb9dfe-3476-426a-978d-70eb845cd2f1#agency-reply
Your request will be forwarded to the relevant city department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The public records law does not require a governmental body to create new information, to do legal research, or to answer questions.

--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of Reference # P002436-022119 Dear Beryl Lipton, The City of Cleveland received a public record request from you on February 21, 2019. You requested the following: “To Whom It May Concern:

Pursuant to the Ohio Open Records Law, 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 Rekognition, Face++, and FaceFirst; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.

Materials responsive materials include but are not limited to:

• Agreements: contracts (including non-disclosure agreements), licensing agreements, nondisclosure agreements

• Bid records: Requests For Proposal (or equivalent calls for bids), 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

• Company relations and communications: records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing face recognition to this agency for immigration, intelligence, law enforcement, or other use.

• Financial records: purchase orders, invoices, and other memoranda and documentation.

• Marketing records: All marketing materials - unsolicited, requested, or otherwise - acquired from vendors of face recognition technology

• Policy records: any policy directives, guidance documents, memoranda, training materials, or similar records governing the use of face recognition technology for immigration, law enforcement, or other purposes.

• Training records: training material governing the use, sharing, or access to any related data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology

• Use and function records: Materials that describe the function of the software considered or in use by this agency, including emails, handouts, PowerPoint presentations, advertisements, or specification documents.

Please limit the search to records produced from January 1, 2017 – present. Please include in your search as responsive records: communications, memorandums, background papers, meeting minutes, email exchanges, or presentation materials. 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 10 business days.

Sincerely,

Beryl Lipton

Upload documents directly: https://www.muckrock.com/accounts/agency_login/cleveland-police-department-661/facial-recognition-software-and-marketing-february-2019-cleveland-police-department-69531/?uuid-login=d2bb9dfe-3476-426a-978d-70eb845cd2f1#agency-reply”

The City has reviewed its files and has determined there are no records that are responsive to your request. If you have any questions, or wish to discuss this further, you can reply to this email.

Sincerely, City of Cleveland - Public Records