FOIA - Harrisburg PD - CRIMEWATCH Documents

J Ader filed this request with the Harrisburg Police Department of Harrisburg, PA.
Tracking #

2019-0940

Est. Completion July 18, 2019
Status
Fix Required

Communications

From: J Ader

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

All documents pertaining to all/any CRIMEWATCH Technologies product(s) (https://crimewatchtech.com). Documents being requested here should include - but are not limited to - the following:

- Invoices or receipts for the purchase of any CRIMEWATCH Technologies product/service
- MOUs from CRIMEWATCH Technologies
- Brochures or product/service specifications regarding CRIMEWATCH Technologies products/services
- Privacy policies regarding CRIMEWATCH Technologies products/services
- Any/all manuals regarding CRIMEWATCH Technologies products/services
- Guidelines mentioning CRIMEWATCH Technologies
- Bulletins mentioning CRIMEWATCH Technologies
- Briefings mentioning CRIMEWATCH Technologies
- Any/all digitally disseminated publications from your agency mentioning CRIMEWATCH Technologies

I am confident there are documents relevant to this request based on comments describing the use of the company's products by your agency on the official company webpage: https://crimewatchtech.com/

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 5 business days, as the statute requires.

Sincerely,

J Ader

From: Harrisburg Police Department

Good afternoon,

Attached is Attorney Baldock's response to the above right to know request. Thank you.

Tammy Life
Tammy Life
Legal Assistant
Right to Know Officer
City of Harrisburg - Law Bureau
10 N 2nd St Suite 03 Harrisburg, PA 17101
Phone: 717-255-6521
Email : tllife@harrisburgpa.gov

From: Harrisburg Police Department

Please note that as stated in the letter, which I see you received via email on May 7, 2019, the City expects to respond to your request by June 6, 2019.

Tammy

From: Harrisburg Police Department

Please see the attached response to your request. Thank you.

Tammy

From: J Ader

To whom it may concern,

I would like to appeal the partial denial in the Right To Know public records request I originally made on May 2, 2019 (see a copy of the original request email here: https://www.muckrock.com/foi/raw_email/718178/ )

The partial denial from the agency is the following: "The fifth item seeking 5) “Any/all manuals regarding CRIMEWATCH Technologies products/services” is DENIED for the following reason pursuant to 708(b)(11) of the RTKL: The requested records constitute or reveal a trade secret or confidential proprietary information." (the full request response can be found here: https://cdn.muckrock.com/foia_files/2019/06/06/2019-085_COHGrantedInpartDeniedInpart.pdf )

I would like to appeal this denial on the grounds that according to the Pennsylvania Right-to-Know Law, to be protected by this exception, a record must be “confidential or financial information received by an agency (1) which is privileged or confidential; _and_ (2) the disclosure of which would cause substantial harm to the competitive position of the person that submitted the information.” (See Pa. Dept. of Public Welfare v. Eiseman.)

I do not consider the disclosure of a manual for "crime mapping" technology or any other products respective to this request to cause any harm to competition, and I believe the public's right to know is key here as well.

Regards,
J. Ader

From: Harrisburg Police Department

A letter stating that the request appeal has been received and is being processed.

From: Harrisburg Police Department

Dear Parties,

Please see the attached appeal that has been filed with the Office of Open Records. This matter has been assigned to an Appeals Officer (see page 3 of attachment for contact information). Please forward all future correspondence directly to the Appeals Officer and all other parties. Thank you.

Respectfully,

[cid:image001.jpg@01CB50E7.66A46B70]
Janelle Sostar
Administrative Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | F (717) 425-5343
https://openrecords.pa.gov<https://openrecords.pa.gov/>
@OpenRecordsPA<https://twitter.com/OpenRecordsPA>
Open Records in Pennsylvania Blog<https://openrecordspa.wordpress.com/>

Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

From:

Hello Attorney Davis: Attached is the Request to Participate of CRIMEWATCH Technologies, Inc. in Appeal No. 2019-0940. Also attached is a Position Statement and Affidavit of the CTO of CRIMEWATCH.

Thank you and please let us know if you need anything further.

Terence J. Barna, Esquire
BennLawFirm
103 E. Market Street
P.O. Box 5185
York, PA 17405-5185
Phone: (717) 852-7020
Fax: (717) 852-8797
E-mail: tbarna@bennlawfirm.com<mailto:tbarna@bennlawfirm.com>
www.bennlawfirm.com<http://www.bennlawfirm.com>

NOTICE OF PRIVILEGE AND CONFIDENTIALITY The foregoing transmission, including any information, data, and attachments associated therewith, has been sent by the Benn Law Firm, and contains information that is or may be privileged, confidential, proprietary, or otherwise legally exempt from disclosure to anyone other than the intended recipient. If you are not the intended recipient of the transmission, and/or have received it in error, be advised that any dissemination, distribution, duplication, or any other use of same is strictly prohibited, and that you must delete, destroy, or otherwise eliminate any record of this transmission and any attachments hereto, and notify the Benn Law Firm of the inadvertent transmission. Any error in transmission by the Benn Law Firm is not intended to be a waiver of any privilege or confidentiality with respect to the information contained herein, including, but not limited to, the attorney-client privilege, and shall not be interpreted as such by you or any person associated with you. Thank you for assisting the Benn Law Firm in protecting the rights and interests of our clients. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= IRS CIRCULAR 230 NOTICE To ensure Benn Law Firm's compliance with the requirements set forth in the United States Treasury Department Circular 230, any information, advice, or other data contained in this transmission or any attachments hereto, is not intended or written to be used, and cannot be used, by any taxpayer for the purposes of (1) avoiding penalties that may be imposed on such taxpayer under the Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any transaction or other matter addressed herein (or in an attachment hereto).

From: Harrisburg Police Department

Appeals Officer Davis,

Attached please find the position statement of the City of Harrisburg in Appeal # 2019-0940.

Thanks,
Isaac S. Gaylord
Assistant City Solicitor/Contracts
City of Harrisburg-Law Bureau
10 N. 2nd St. - Suite 402
Harrisburg, PA 17101
Phone: (717) 255-3065
Email: isgaylord@harrisburgpa.gov<mailto:isgaylord@harrisburgpa.gov>

From: Harrisburg Police Department

Dear J Ader,

I write today to request a brief two-week extension of time to issue a Final Determination in the above-captioned matter. I am requesting this extension because the OOR has reviewed the submissions of the parties and would like an opportunity to seek additional information from the City and Crimewatch Technologies regarding how the platform is actually used by the City, and what training services the City has had access to.

I will be out next week, but I will be available to answer email. If you need immediate assistance in this case, please contact the OOR's account at openrecords@pa.gov<mailto:openrecords@pa.gov>.

Please let me know if you have any questions.

Sincerely,

[cid:image001.jpg@01D3CA7D.13BA5E20]
Jordan Davis
Attorney
Office of Open Records
333 Market St., 16th Floor
Harrisburg, PA 17126-2234
(717) 346-9903<(717)%20346-9903> | http://openrecords.pa.gov<http://openrecords.pa.gov/>
jorddavis@pa.gov<mailto:jorddavis@pa.gov> | @OpenRecordsPA<https://twitter.com/OpenRecordsPA>

Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

From: J Ader

Mr. Davis,

Thank you for your reply. I appreciate the notification regarding the extension and look forward to hearing back soon.

Regards,
J. Ader

From: Harrisburg Police Department

Dear Parties,

I write today to request additional information from the parties. If possible, I would appreciate a response by next Wednesday:

Attorney Gaylord - Could you provide the OOR with a supplemental affidavit briefly explaining what purposes the Police Department uses the Crimewatch platform for? For example, does the City use this program for digital syndication, tip sharing, etc?

Attorney Barna - The affidavit provided explains that the City does not have access to the quick reference cards. Is this because the references are only available during the training period, or some other reason? Did the City ever have access to these materials?

Thank you, and please let me know if you have any questions.

From:

Dear Attorney Davis: My client advises that Harrisburg PD uses CRIMEWATCH as a tool for distributing press releases to the public, media and across social media. Part of this distribution also allows the public to respond with tips that may be important to public safety. The reference cards are only available as part of the online training process and are available for 30 days during onboarding. However, Harrisburg didn't have these because when Harrisburg joined as a client, CRIMEWATCH did not have formal training or training materials; they were one of CRIMEWATCH's first customers.

We hope that this answers your questions, but please let me know if you need further clarification. Also, please let me know if this is needed in Affidavit form.

Thanks,
Terence J. Barna, Esquire
BennLawFirm
103 E. Market Street
P.O. Box 5185
York, PA 17405-5185
Phone: (717) 852-7020
Fax: (717) 852-8797
E-mail: tbarna@bennlawfirm.com<mailto:tbarna@bennlawfirm.com>
www.bennlawfirm.com<http://www.bennlawfirm.com>

From: Harrisburg Police Department

Attorney Davis,

We will provide the requested affidavit by next Wednesday.

Thanks,
Isaac S. Gaylord
Assistant City Solicitor/Contracts
City of Harrisburg-Law Bureau
10 N. 2nd St. - Suite 402
Harrisburg, PA 17101
Phone: (717) 255-3065
Email: isgaylord@harrisburgpa.gov<mailto:isgaylord@harrisburgpa.gov>

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