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

Dear Deborah Levi:
Your request has been received and is being processed. Your request was received in this office on 7/2/2023 and given the reference number P000364-070223 for tracking purposes.
Records Requested: 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 Frederick Police Department:

- A list of every instance in which the Frederick 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 Frederick Police Department since January 1, 2022;

- Contracts between the Frederick Police Department and any facial recognition software companies;

- Users manuals for all facial recognition software used by the Frederick 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 Frederick 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 Frederick Police Department in conjunction with facial recognition software;

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

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

- A description of the Frederick 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

Upload documents directly: https://www.muckrock.com/
Your request will be forwarded to the relevant 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.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

The City of Frederick

--- Please respond above this line ---
RE: Police Records Request of July 02, 2023, Reference # P000364-070223 Dear Deborah Levi, The City of Frederick Police Department received a public records request from you on July 02, 2023 for certain records under the Maryland Public Information Act, Annotate Code of Maryland, General Provisions Article ("GP), Section 4-101 et seq. This letter is to inform you that it will take us longer than 10 days to return a response.  We are conferring with various Divisions within the Department to compile any responsive materials. I anticipate that we will have our final response to you no later than July 31, 2023.  Thank you for your patience. Sincerely, Dana Kelly
Records Manager

--- Please respond above this line ---
RE: Police Records Request of July 02, 2023, Reference # P000364-070223 Dear Deborah Levi, The City of Frederick Police Department received a public records request from you on July 02, 2023 for certain records under the Maryland Public Information Act, Annotate Code of Maryland, General Provisions Article ("GP), Section 4-101 et seq. We have listed the items you requested below.  Please see our responses in BOLD. - A list of every instance in which the Frederick Police Department has used facial recognition software – including but not limited to the Thales Cogent Mugshot System (CMS) – since January 1, 2022; -
The Frederick Police Department has successfully used the CJIS Dashboard twice since January 1, 2022.  We are unable to query that system regarding number of attempts.

- A list of all Facial Recognition (FR) Record Numbers and/or CMS Transaction Numbers generated since January 1, 2022; We are unable to audit or query the CJIS Dashboard for this information

- A list of all facial recognition software systems used by the Frederick Police Department since January 1, 2022; The Frederick Police Department does not subscribe or own any facial recognition software.  We do utilize the CJIS Dashboard.

- Contracts between the Frederick Police Department and any facial recognition software companies; - The Frederick Police Department has no contracts with facial recognition software companies/ services

- Users manuals for all facial recognition software used by the Frederick Police Department; - The Frederick Police Department has no manuals related to facial recognition software.

- The total number of Facial Recognition Match Reports generated since January 1, 2022; No reports have been generated regarding Facial Recognition Match Reports

- The total number of positive facial recognition results generated since January 1, 2022; We have obtained two close matches (90% or higher)  (see first response) which have led to using other investigative tools to successfully identify offenders

- The total number of instances in which the Frederick Police Department identified a suspect or person of interest using facial recognition software since January 1, 2022; See previous response

- A list of all social media platforms used by the Frederick Police Department in conjunction with facial recognition software; The Frederick Police Department does not use social media platforms in conjunction with Facial Recognition software

- All the Frederick Police Department policies and procedures pertaining to the use of facial recognition software; The Frederick Police Department has no policy / procedure pertaining to the use of facial recognition software

- Names of all individuals employed or contracted by the Frederick Police Department who are trained in the use of facial recognition software; John White, Communications Manager, has been trained in the use of the CJIS dashboard.

- A description of the Frederick Police Department's facial recognition training requirements. The Frederick Police Department has no training requirements regarding facial recognition.
Your request is now closed. Sincerely, Dana Kelly
Records Manager