Facial Recognition - Illinois Fusion Center

Alexandra Gelzin filed this request with the Illinois Statewide Terrorism and Intelligence Center of Illinois.

It is a clone of this request.

Tracking #

05863038

Status
Rejected

Communications

From: Alexandra Gelzin

To Whom It May Concern:

Pursuant to the Illinois Freedom of Information 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 NEC Corporation (NeoFace), Cognitec (FaceVACS), Motorola Solutions (Vigilant FaceSearch) DataWorks Plus (FACE Plus and Themis), Face++, Amazon Rekognition and Clearview AI; 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, 2020 – 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 5 business days, as the statute requires.

Sincerely,

Alexandra Gelzin

From: Illinois Statewide Terrorism and Intelligence Center

The Illinois State Police (ISP) acknowledges receipt of your attached Freedom of Information Act (FOIA) request. A response to your request is due March 28, 2023. However, additional time is needed to respond to your request. In accordance with Section 3(e) of FOIA (5 ILCS 140/3(e)), ISP is extending the response due date for an additional five days for the following reasons:

The requested records are stored in whole or in part at another location.

The request requires the collection of a substantial number of records.

The request is stated in categorical terms and requires an extensive search for the records requested.

X The requested records have not yet been located and additional time is needed to complete the search.

X The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.

X The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of ISP.

Consultation is needed with another public body in order to respond to the request.

ISP handles requests for video records separately. Depending on the records you requested, you may receive additional correspondence for either video or paper and audio records.

Sincerely,

Illinois State Police
Freedom of Information Act Unit

From: Illinois Statewide Terrorism and Intelligence Center

Thank you for writing the Illinois State Police (ISP) with your request for information pursuant to the Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq. ISP acknowledges receipt of your attached FOIA request dated March 21, 2023.

It has not yet been determined if there are any records responsive to this request. Records responsive to this request that we were able to provide, if any, without disproportionately burdening our operations are included. Continuing to search for, compile, and redact records in response to this request would be unduly burdensome.

Section 3(g) of FOIA, in relevant part, provides:

“Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information. Before invoking this exemption, the public body shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions.” (5 ILCS 140/3(g)).

Accordingly, this request, or the remainder thereof, is unduly burdensome pursuant to 5 ILCS 140/3(g). Due to the size of the investigation and lack of clarity on the actual records within the investigation you are requesting, the number of records that could conceivably be responsive to your request would burden the operations of the public body. The burden on the public body outweighs the public interest.

The FOIA Unit would need to expend an inordinate number of personnel hours to review these records for possible exemptions before providing a final response. The time required for this request would result in delays for other FOIA requests and contribute to the backlog of FOIA requests. ISP is extending you the opportunity to reduce your request to manageable proportions. If you choose to narrow your request, your response will be treated as a new FOIA request.

Standard reservation of rights. ISP reserves all rights to assert additional exemptions set forth in 5 ILCS 140/7 and 7.5, and other applicable federal, state, laws and rules, for the basis to withhold and/or redact these records. It also reserves the right to provide supplemental factual information and legal authority in support of the claimed exemption or any further exemptions that may be claimed. Certain records may be withheld in their entirety due to applicable exemptions. ISP also reserves the right to withhold records based on another law enforcement agency’s claimed exemptions.
Sincerely,

Illinois State Police
Freedom of Information Act Unit
Sarah Wheeler – FOIA Officer

From: Illinois Statewide Terrorism and Intelligence Center

Good afternoon,

A response to FOIA # 05863038 was sent to requests@muckrock.com<mailto:requests@muckrock.com> on April 5th, 2023 at 2:33PM CST. Please see that e-mail for the FOIA response.

Respectfully,

Illinois State Police
FOIA Office

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