Hawaii AG - Facial Recognition

Freddy Martinez filed this request with the Hawaii Criminal Justice Data Center of Hawaii.
Est. Completion None
Status
Withdrawn

Communications

From: Freddy Martinez

To Whom It May Concern:

Pursuant to the Hawaii Uniform Information Practices Act, I hereby request the following records:

To Whom It May Concern:

Pursuant to the Hawaii Uniform Information Practices Act, 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 DataWorks, NEC, Cognitec, IDEMIA, Vigilant Solutions, Rank One Computing or Amazon ; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.

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. Any memoranda of understanding between this agency and other agencies to share data, access remote systems or other forms of information sharing with external agencies.
• 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. Documents, should they exist, about training for bias in the use of facial recognition 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.
• Validation and accuracy: Records, reports, audits, and other documents sufficient to describe validation, accuracy, reliability, and policy compliance of the system.

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, as the statute requires.

Sincerely,

Freddy Martinez

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, as the statute requires.

Sincerely,

Freddy Martinez

From: Freddy Martinez

Hello all,

For the purposes of this request, please provide documents sufficient to show the number of agencies with access to your facial recognition program.

From: Hawaii Crime Prevention and Justice Assistance Division

Please see attached response. -Julie

From: Freddy Martinez

This is an official appeal for another search for records by your office. We were directed by the Honolulu police to direct questions about the records sought which your office should maintain. Their office stated:

"Hi Freddy,
The Honolulu Police Department (HPD) uses the Hawaii Criminal Justice Data Center's facial recognition technology system. HPD does not have its own system. Please direct this inquiry to the State of Hawaii Department of the Attorney General."

Therefore, I ask that your office remand this for an additional search.

Respectfully,
Freddy Martinez
Open the Government

From: Freddy Martinez

Hello Julie,

The records should be maintained by Hawaii Criminal Justice Data Center. I couldn't find an organization chart but according to a statement by Honolulu Police Department we were told: "The Honolulu Police Department (HPD) uses the Hawaii Criminal Justice Data Center's facial recognition technology system. HPD does not have its own system. Please direct this inquiry to the State of Hawaii Department of the Attorney General."

Can your office do an additional search for records?

Freddy

From: Hawaii Crime Prevention and Justice Assistance Division

Freddy,

We are in receipt of an email thread that was sent through U.S. Mail to the Office of Information Practices.

Please note that OIP does not maintain the records you requested. OIP does not maintain the records of other agencies or make requests for records on behalf of the public. If you wish to obtain copies of these records, you must first request access directly from the agency that maintains the records. Hawaii Administrative Rules (HAR) §§ 2-71-12. You must send your request directly to the Hawaii Criminal Justice Data Center at:

Hawaii Criminal Justice Data Center
Kekuanaoa Building
465 S. King Street, Rm. 102
Honolulu, Hawaii 96813

If the agency does not respond to your request within the time allowed under chapter 2-71, HAR, generally ten business days, you may ask OIP for assistance. Hawaii Revised Statutes (HRS) §92F-42 (2012). If an agency denies your request for access to a record, you may appeal that denial to OIP or the circuit court. Id.; HRS §§ 92F-15-5 and -27.5 (2012).

Please also note that OIP does not forward requests amongst agencies. HAR § 2-71-13(f).

I hope this information is helpful.

Office of Information Practices
State of Hawaii
No. 1 Capitol District Building
250 S. Hotel Street, #107
Honolulu, HI 96813
Ph (808) 586-1400
Facsimile: (808) 586-1412
Email: oip@hawaii.gov<mailto:oip@hawaii.gov>
Website: http://oip.hawaii.gov

From: Muckrock Staff

To Whom It May Concern:

Pursuant to the Hawaii Uniform Information Practices Act, 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 DataWorks, NEC, Cognitec, IDEMIA, Vigilant Solutions, Rank One Computing or Amazon ; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.

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. Any memoranda of understanding between this agency and other agencies to share data, access remote systems or other forms of information sharing with external agencies.
• 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. Documents, should they exist, about training for bias in the use of facial recognition 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.
• Validation and accuracy: Records, reports, audits, and other documents sufficient to describe validation, accuracy, reliability, and policy compliance of the system.

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, as the statute requires.

Sincerely,

Freddy Martinez

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