ALPR/Force used by Massachusetts State Police (Massachusetts State Police)
| Tracking # |
SPR20/0674 |
| Multi Request | ALPR/Force used by Massachusetts State Police |
| Submitted | March 28, 2020 |
| Est. Completion | None |
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Communications
From: mikayla mucha
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
1. All use of force reports from Troop E and A at Westfield Massachusetts state police barracks, from January 1, 2017 until the date that this request is processed. (Submitted March 28th 2020)
2. The names of agencies and organizations with which the Agency shares ALPR data;
3. The names of agencies and organizations from which the Agency receives ALPR data;
4. The names of agencies and organizations with which the Agency shares “hot list” information;
5. What is “hot list” information and I would like my personal record of what shows up when my license plate is scanned- License Plate 289ve4, by MSP;**
This information is easily available within the Agency’s LEARN system. The simplest way to extract this data is to generate an “Agency Data Sharing Report” PDF file from within LEARN. To do this, a user may simply go to the “Sharing” section of LEARN and select “Output Report.” A CSV/XLS file containing these records would also satisfy this request.
The instructions for extracting this data is described on pages 62-63 of the LEARN Agency Manager Guide, which may be found at this link:
https://www.documentcloud.org/documents/3860685-LEARN-5-1-Agency-Manager-Guide.html
An example of this record may be found at this link:
https://www.documentcloud.org/documents/3936113-Palos-Verdes-Estates-Police-Department-Data.html
A number of other agencies have regularly determined the above information constitutes a public record and have provided an “Agency Data Sharing Report.” These agencies include:
Anaheim Police Department, Antioch Police Department, Bakersfield Police Department Chino Police Department, Clovis Police Department, Elk Grove Police Department, Fontana Police Department, Fountain Valley Police Department, Glendora Police Department, Hawthorne Police Department, Irvine Police Department, Livermore Police Department, Lodi Police Department, Long Beach Police Department, Montebello Police Department, Orange Police Department, Palos Verdes Estates Police Department, Red Bluff Police Department ,Sacramento Police Department, San Bernardino Police Department, San Diego Police Department, San Rafael Police Department, San Ramon Police Department, Simi Valley Police Department, and the Tulare Police Department.
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
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,
mikayla mucha
From: Massachusetts State Police
Good Afternoon,
The Department of State Police ("Department") has received and reviewed your request for records pertaining to Use of Force Reports and ALPR information. The Department considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. Attached please find the Department's response to your request.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A. Please contact me if you have any questions or concerns. Thank you for your attention in this matter.
Anthony Serra
Staff Legal Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Telephone: (508) 820-2391
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: mikayla mucha
Greetings Anthony,
Thank you for getting back to me during this epidemic, I'm sure there are much more important things you could probably be doing. May you do one thing for me and just send me my personal ALPR info. I would like to see what shows up when my license plate is scanned, shown in question #5 of my original request. You can email the info at mikaylamucha@icloud.com. Thanks again for your time.
Sincerely,
Mikayla Mucha, RN-BSN, BSc., IP
From: Massachusetts State Police
Hello,
Please be aware, the Supervisor of Records has issued a determination relating to a petition in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx<http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx>.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Thank you,
Jack Robertson
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
From: Massachusetts State Police
Good Morning,
The Department of State Police ("Department") has received your request for the following records:
1. All use of force reports from Troop E and A at Westfield Massachusetts [S]tate [P]olice barracks, from January 1, 2017 until the date that this request is processed;
2. The names of agencies and organizations with which the Agency shares ALPR data;
3. The names of agencies and organizations with which the Agency receives ALPR data;
4. The names of agencies and organizations with which the Agency shares "hot list" information
5. What is "hot list" information and I would like my personal record of what shows up when my license plate is scanned - License Plate 289ve4, by MSP.
The Department considers your request as a submission under M.G.L. c. 66, §10, the Public Records Law. As you recall, the Department responded to your first request on April 21, 2020 and provided you with a fee estimate. The Department submits the following in response to requests 2-5. Please be advised that the Department does not use the system referenced in your request, however please note the following responses:
* #2 - The Agency shares ALPR data with State, Local, and Federal law enforcement agencies that are approved to access Public Safety data.
* #3 - The Agency shares data with any law enforcement agency that submits information to the server.
* #4 - The Agency shares Hotlist data, when appropriate, to State, Local, and Federal law enforcement Agencies that are approved to access Public Safety data.
As for request #5, the Department has identified the following definition as responsive:
Hotlists are lists containing "[l]icense plate numbers of vehicles of interest, such as stolen vehicles, unregistered vehicles, vehicles owned by persons of interest, and vehicles associated with AMBER Alerts, Missing Child Alerts, Missing College Student Bulletins, Silver Alerts, Incapacitated or Endangered Persons, Be On Look Out (BOLO), Attempt To Locate (ATL), and Wanted or Missing Person broadcasts or bulletins in which a license plate number is included, or other license plate numbers of interest entered by the Department or an authorized officer."
As for your request for "[your] personal record of what shows up when [your] license plate is scanned," the Department asserts that this information is exempt under G.L. c. 4, §7 cl. 26(f) (investigative exemption), which specifically exempts from public disclosure investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest. The policy considerations underlying the exemption are well settled. See Bougas v. Chief of Police, 371 Mass. 59, 62 (1976)(among them "avoidance of premature disclosure of the Commonwealth's case prior to trial, the prevention of the disclosure of confidential investigative techniques, procedures, or sources of information, the encouragement of individual citizens to come forward and speak freely with police concerning matters under investigation, and the creation of initiative that police officers might be completely candid in recording their observations, hypotheses and interim conclusions"). The general rule is that investigative materials may only be withheld if disclosure will affect investigative efforts in general.
Although under M.G.L. c. 66, § 6A, a records access officer is not "required to create a new public record in order to comply with a request," the Department asserts that the hotlist information is compiled out of the public view by law enforcement officials for the purpose of aiding in the investigation of the above-referenced situations and the entry of information in the hot file is based on the need identified by a criminal justice agency for purposes of investigation, promoting the situational awareness of law enforcement officers and addressing public safety issues. Similarly, the database in which this information is kept is investigative in nature. By disclosing "what shows up when [your] license plate is scanned," the Department is, in effect, disclosing whether or not your license plate number has been entered into the list by the Department or an authorized officer. Generally speaking, this type of disclosure would affect investigatory efforts in general in that it would allow any individual to determine whether a vehicle they are associated with is a vehicle of interest by simply submitting this type of request. With knowledge of this information, it would aid the individual's ability to circumvent law enforcement efforts and impede all types of investigations.
If you wish to challenge any aspect of this response, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. You may also file a civil action in accordance with M.G.L. c. 66, § 10A. Please contact me if you have any questions or concerns. Thank you for your attention in this matter.
Anthony Serra
Staff Legal Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Telephone: (508) 820-2391
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: mikayla mucha
Hello,
In response to the Mass State Police response (Today May 7, 2020) to my personal ALPR data-“ As for your request for "[your] personal record of what shows up when [your] license plate is scanned," the Department asserts that this information is exempt under G.L. c. 4, §7 cl. 26(f) “
This is the main thing and only thing I asked for after there fee petition. I called and left a voicemail to Mr.Serra stating he can privately send MY ALPR data to my email. It is very important that I get that information and it does not make sense to me why I am not able to see my personal information. I respectfully ask for your help in getting this information for my private peace of mind that I am not being targeted through my ALPR. Please and thank you for your time. I know it may not seem like a pressing concern during this epidemic and I apologize for bothering you with this matter but I feel it is my right to see this information that is being used against me. Thank you again for your time. You can reach me privately at muchamikayla@gmail.com or call me 4136362024. Stay safe!
Sincerely,
Mikayla Mucha, RN- BSN, BSc.
From: Massachusetts State Police
Ms. Mucha,
The Department of State Police ("Department") has received your voicemail relating to its responses to your public records requests. Please be advised that the Department will not be engaging in in any further discussions or answering any further questions with respect to its response.
If you wish to challenge any aspect of the Department's responses, you may appeal to the Supervisor of Public Records following the procedure set forth in 950 C.M.R. 32.08, a copy of which is available at http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-source/cmr/. Thank you for your attention to this matter.
Anthony Serra
Staff Legal Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Telephone: (508) 820-2391
The preceding email message (including any attachments) contains information that may be confidential, may be protected by the attorney-client or other applicable privileges, or may constitute non-public information. It is intended to be conveyed only to the designated recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.
From: Massachusetts State Police
Good Afternoon,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.
Very Respectfully,
Benjamin
Benjamin Chan
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832
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