Automated License Plate Readers (Gilroy Police Department)

Dave Maass filed this request with the Gilroy Police Department of Gilroy, CA.

It is a clone of this request.

Tracking #

PRA-2022-00007

PRA-2022-00

Multi Request Automated License Plate Readers
Status
Completed

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:

To Whom It May Concern:

The City of Gilroy City Clerk’s Office is in receipt of your public records, which was received by my office on January 3, 2023 requesting a follow up on your Public Records Act request originally submitted on November 3, 2022.

The responsive documents to your public records request, Gilroy reference number PRA-2022-00154, was released on November 22, 2022. The link to the responsive records were provided to the email that was referenced in the original PRA request. If you are unable to locate the link, please find it here once more: https://gilroy.streamlinegov.us/PublicRecord/Detail?publicRecordId=179.

This should complete your public records request. If you need additional assistance, please do not hesitate to contact our office.

Finally, for future reference, please utilize the City of Gilroy’s Public Records Request Portal page<https://gilroy.streamlinegov.us/> for future public records request.
Regards,

[cid:image001.png@01D91B96.9D770E50]
Thai Nam Pham, CMC, CPMC
City Clerk | Office of the City Clerk
City of Gilroy | 7351 Rosanna Street | Gilroy, CA 95020
www.cityofgilroy.org<http://www.cityofgilroy.org/>
thai.pham@cityofgilroy.org
Main: (408) 846-0204 |Fax: (408) 846-0500

From: Dave Maass

Hello - Are you sure you're responding to the correct request? It seems like you've provided data related to a much earlier one I filed.

From: Gilroy Police Department

Dear Dave Maass,
The City of Gilroy, City Clerk’s Office received the below records request from you on January 11, 2023 for records pursuant to the California Public Records Act, Government Code section 6250 et seq. (“PRA”) and the Gilroy Open Government Ordinance (“OGO”).
"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
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 136231
263 Huntington Ave
Boston, MA 02115
"
Documents in response to your PRA request, if they exist, are subject to disclosure under the PRA. We will provide a determination response by January 23, 2023. The City may provide the non-exempt public records on a rolling basis.
Please log in to the Public Records Center at the following link to view the details of the Public Records Request - #PRA-2023-00007 (https://gilroy.streamlinegov.us/PublicRecordRequest/Detail?caseId=535&id1=sNbr%2bMGHg7dKThSJnB0Q3g%3d%3d&id2=q0Y59QjCUl%2bLabOigq0Ysg%3d%3d)
Should you have any questions, please do not hesitate to contact our office.
Sincerely,
Thai Nam Pham
City Clerk
City of Gilroy
cityclerk@cityofgilroy.org (mailto: cityclerk@cityofgilroy.org)
(408) 846-0204 (tel:408-846-0204) KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils, and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE, OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204. (tel:408-846-0204)

From: Gilroy Police Department

Dear Dave Maass,
The City of Gilroy, City Clerk’s Office received the below records request from you on January 11, 2023 for records pursuant to the California Public Records Act, Government Code section 6250 et seq. (“PRA”) and the Gilroy Open Government Ordinance (“OGO”).
"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
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 136231
263 Huntington Ave
Boston, MA 02115
"
The City of Gilroy has reviewed its files and has located responsive records to your request.
Please log in to the Public Records Center at the following link to retrieve the appropriate responsive documents. Public Records Request - #PRA-2023-00007 (https://gilroy.streamlinegov.us/PublicRecordRequest/Detail?caseId=535&id1=sNbr%2bMGHg7dKThSJnB0Q3g%3d%3d&id2=q0Y59QjCUl%2bLabOigq0Ysg%3d%3d)
Your PRA request has been satisfied. If there are other public records you wish to review under the PRA or OGO that are not covered by the City’s response, please clarify your request. Records in response to your clarified request, if they exist and are subject to disclosure under the PRA or OGO, will be made available. If you have further information or authority which you believe would require disclosure of additional records under the PRA or OGO, I will be happy to review that information and/or authority.
If you have any questions, or wish to discuss this further, please contact our office.
Sincerely,
Thai Nam Pham
City Clerk
City of Gilroy
cityclerk@cityofgilroy.org (mailto: cityclerk@cityofgilroy.org)
(408) 846-0204 (tel:408-846-0204) KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils, and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE, OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204. (tel:408-846-0204)

From: Dave Maass

Thank you for the information, but I am very confused since you are providing contradictory information. In your letter you say you are not sharing data, but on the transparency page it says you are sharing data with the following agencies:

Brigham City UT PD, Queen Creek AZ PD, Spokane County WA SO, Texas City TX PD, 18th Judicial District DA's Office- LA PD, Abilene KS PD, ACRATT -CA, Acworth GA PD, Airway Heights WA PD, Alabama Drug Enforcement Task Force Region G, Alabama Law Enforcement Agency (ALEA), Alameda CA PD, Alhambra CA PD, Alvin TX PD, Anaheim CA PD, Anderson CA PD, Anna TX PD, Antioch PD - CA, Arcadia CA PD, Atherton CA PD, Auburn CA PD, Avondale AZ PD, Azusa CA PD, Bakersfield CA PD, Baldwin Park CA PD, Beaumont CA PD, Benicia CA PD, Beverly Hills CA PD, Brawley CA PD, Brea CA PD, Buena Park CA PD, Burbank Airport CA PD, Cal Fire , Calistoga CA PD, Campbell CA PD, Cathedral City CA PD, Citrus Heights PD- CA, Claremont CA PD, Clearlake CA PD, Comal County TX SO, Concord CA PD, Dallas TX PD, Danville CA PD, East Palo Alto CA PD, Fairfield CA PD, Fort Worth TX PD , Foster City CA PD, Fremont CA PD, Galt CA PD, Hayward CA PD, Hercules CA PD, Hillsborough CA PD, Irondale AL PD, Irvine CA PD, Kern County CA SO , Kings County CA DAs Office, Laguna Beach CA PD, Lake County CA SO, Livermore CA PD, Los Alto Hills CA PD, Manteca CA PD, Milpitas CA PD, Montclair CA PD, Monterey County CA SO, Monterey Park CA PD, Moraga CA PD, Morgan Hill CA PD, Mountain View CA PD, Napa CA PD, Napa County CA SO, NCRIC, Nevada City CA PD, Newark CA PD , Novato CA PD, OC Sheriff CA, Oceanside CA PD, Ontario CA PD, Palm Springs CA PD, Pleasanton CA PD, Richmond CA PD, Riverside County CA District Attorney, Rocklin CA PD, Salinas PD - CA, San Jose CA PD, Santa Clara County CA SO, Santa Clara DA CA, Santa Clara PD - CA, Seal Beach CA PD , Solano County DA CA, Tracy CA PD, Union City CA PD, University of Texas at Dallas TX PD, Vallejo CA PD, Ventura CA PD, Ventura County CA SO, Walnut Creek CA PD, Wellton AZ PD, West Covina CA PD, West Des Moines IA PD, West Sacramento CA PD, Westminster CA PD, Whittier CA PD, Winters CA PD, Winthrop University SC PD, Woodland CA PD, Yolo County CA SO, York County SC SO, Yuba County Sheriffs Office, Yuba Water Agency (CA)

Can you please provide clarification?

Thank you,

Dave Maass

From: Gilroy Police Department

Dear Dave Maass,
The City of Gilroy, City Clerk’s Office received the below records request from you on January 11, 2023 for records pursuant to the California Public Records Act, Government Code section 6250 et seq. (“PRA”) and the Gilroy Open Government Ordinance (“OGO”).
"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
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"
The following message was sent regarding your request PRA-2023-00007. Subject: Response to Your Letter Received 1/17/2023 Message: Dear Requestor,

We are in receipt of your letter to your public records request regarding our reference no. PRA-2023-00007 requesting clarification. Please allow this correspondence to respond to same.

The ALPR and Flock system are two separate and independent types of license plate reader systems. They do not communicate with each other.

The responses to Part A in your request are for data to the ALPR, only. Once again, Gilroy does not share ALPR data with any agencies and does not share or receive hot list information from other agencies.

Regarding the Flock System, responses to your inquiries can be found at https://transparency.flocksafety.com/gilroy-ca-pdhttps://transparency.flocksafety.com/gilroy-ca-pd.
Should you have any questions, please do not hesitate to contact our office.
Sincerely,
Thai Nam Pham
City Clerk
City of Gilroy
cityclerk@cityofgilroy.org (mailto: cityclerk@cityofgilroy.org)
(408) 846-0204 (tel:408-846-0204) KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils, and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE, OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204. (tel:408-846-0204)

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