Dummy boxes, documents
| Tracking # |
R003713-121718 |
| Submitted | Dec. 14, 2018 |
| Est. Completion | None |
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Communications
From: Caroline Haskins
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
Recent media reports state that the Jersey City Police are installing cameras to doorbells and planting dummy boxes with GPS tracking devices at homes around the city in a collaboration with Amazon. (https://www.apnews.com/c654020c42b94055a19801b849d337a2)
Therefore, I am requesting the following records related to the above program:
* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of the cameras and the GPS tracking devices. This includes any notes taking during meetings that discussed the use of the cameras and the GPS tracking devices, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of the cameras and the GPS tracking devices to any party, including internal documentation, public relations materials, and executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.
* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.
* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.
* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By “validation study,” I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.
* Any digital communications (including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that make reference to the use of this camera-installation, GPS-tracking program in collaboration with Amazon.
* Any digital communications (including but not limited to emails and text messages) with Amazon or Amazon representatives.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It will be used in the course of reporting for Motherboard, VICE’s science and technology website (www.motherboard.vice.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 7 business days, as the statute requires.
Sincerely,
Caroline Haskins
From: Jersey City Police Department
Dear Caroline Haskins:
Thank you for your interest in open public records of Jersey City OPRA Center. This will serve to acknowledge receipt of your Open Public Records Act (OPRA) request. Your request was received in this office on 12/17/2018. Kindly refer to the reference number R003713-121718 when communicating with our office in this regard. Your request mentioned:
Your request will be forwarded to the relevant City 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. PLEASE NOTE: The State Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions. You can track and monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Jersey City OPRA Center.
Jersey City, NJ
From: Jersey City Police Department
--- Please respond above this line ---
RE: OPEN PUBLIC RECORDS REQUEST of December 17, 2018, Reference # R003713-121718
Caroline Haskins:
The City received a public information request from you on December 17, 2018. Your request mentioned:
In regards an agreement or instructional materials, the City is not in possession of any responsive records. The remainder of your request is denied as overly broad pursuant to Elcavage v. West Milford Twp, GRC Complaint Number 2009-07 (April 8 ,2010), MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005) and New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166 (App. Div. 2007).
The New Jersey Superior Court has held that "[w]hile OPRA provides an alternative means of access to government documents not otherwise exempted from its reach, it is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Rather, OPRA simply operates to make identifiable government records ‘readily accessible for inspection, copying, or examination.’ N.J.S.A. 47:1A-1." MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). The Court further held that "[u]nder OPRA, agencies are required to disclose only "identifiable" government records not otherwise exempt ... In short, OPRA does not countenance open-ended searches of an agency's files." Id. at 549.
Furthermore, in Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005), the Superior Court references MAG in that the Court held that a requestor must specifically describe the document sought because OPRA operates to make identifiable government records "accessible." "As such, a proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents."
Additionally, in New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007) the court cited MAG by stating that “...when a request is ‘complex’ because it fails to specifically identify the documents sought, then that request is not ‘encompassed’ by OPRA...”
The OPRA Custodian and City employees are only required to search their files to find the identifiable government records listed in an OPRA request. Your request fails to seek specific identifiable government records and is, therefore, overly broad and invalid under OPRA. Thus, your request is denied.
Since the City is unable to conduct your search as worded, we suggest that you contact Ashley Manz in the Office of the Mayor with any inquiries about this topic. Ms. Manz can be reached via e-mail to amanz@jcnj.org or by phone at 201-547-5200.
Sincerely,
Irene McNulty
Deputy City Clerk
Office of City Clerk
Files
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