Louisiana State Analytical Fusion Exchange facial recognition audit logs (take two)

To Whom It May Concern:

Pursuant to the Louisiana Public Records Law, I hereby request the following records:

1) All reports detailing aggregated usage/transaction statistics for the department's facial recognition system from May 1, 2020 until the date this request is processed. Commercial facial recognition systems include the ability to easily view these daily, weekly, or monthly aggregate reports, which often detail the number of queries per day, number of daily users, number of photographs/facial templates uploaded to the database, etc. If the department's facial recognition system provides options for the time period covered in the aggregate usage or transaction statistics, I ask that you provide daily reports (rather than hourly, weekly, monthly, etc.) Please note that these reports do not describe how a facial recognition system was used in individual instances or instructions on how to use them, and as such do not fall under Louisiana Revised statutes 44:3(A)3. They simply describe aggregate use statistics, similar to those commonly published by law enforcement agencies regarding the number of wiretap warrants, use of force, etc.

This is my second request regarding this set of documents. I have altered it substantially to remove all categories of documents that could possibly be construed to fall under the protections of Louisiana Revised statutes 44:3(A)3. However, in the event that your office again rejects this request, I ask that you provide a detailed explanation as to how the specific records I've requested would violate the exemptions referenced. Please remember that, as stated in the Louisiana attorney general's public record's guide, "The legislature, by the public records statutes, sought to guarantee, in the most expansive and unrestricted way possible, the right of the public to inspect and reproduce those records which the laws deem to be public ... Consistent with this policy, courts have held that exemptions must be strictly construed."

Even more explicitly, in Denoux v. Bertel, the Court of Appeal of Louisiana charged records custodians with prioritizing citizens' rights to public records over agency desires for expansive interpretations of exemptions, writing: "The Public Records Law must be liberally interpreted to enlarge rather than restrict the public's access to public records. Exemptions from disclosure should be narrowly construed because they are in derogation of the public's right to know how government affairs are conducted." [682 So.2d 300 (1996)]

I ask that all fees be waived as I am a journalist (examples of my work can be found at toddfeathers.com) and I intend to use the requested records to publish articles in the public interest and not for any commercial purpose.

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 3 business days, as the statute requires.

Sincerely,

Todd Feathers