MSP Digidog reports

Todd Feathers filed this request with the Massachusetts State Police of Massachusetts.

It is a clone of this request.

Submitted April 13, 2021
Status
Completed

Communications

From: Todd Feathers

Subject: Massachusetts Public Records Law Request: MSP Digidog reports

Portal

To Whom It May Concern:

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

1) All department policies and user manuals pertaining to the use of Massachusetts State Police "Digidog" robots (Boston Dynamic's Spot robot). The department's use of these robots is public knowledge and has been widely reported on. See here for one example: https://www.wbur.org/news/2019/11/25/boston-dynamics-robot-dog-massachusetts-state-police

2) All reports filed by department personnel regarding instances of deployment and use of "Digidog" robots since Jan. 1, 2019.

I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest. In the event that you choose to impose fees, I request a detailed breakdown of the costs, including the hourly wages of any personnel assigned to process the request and estimates of how many hours the request will take them to process.

Should you choose to deny access to or redact records responsive to this request, I ask that you provide a detailed explanation of your reasoning--as required by law--citing the specific statutes and case law on which each decision is based.

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,

Todd Feathers

From: Massachusetts State Police

Subject: Your Request

Email

Mr. Feathers,

The Department of State Police is in receipt of your request seeking ""All reports filed by department personnel regarding instances of deployment and use of "Digidog" robots since Jan. 1, 2019 All reports filed by department personnel regarding instances of deployment and use of "Digidog" robots since Jan. 1, 2019 thru April 2021.." The Department considers your request a submission under MGL c. 22C, s. 10, the Public Records Law.

Attached are the responsive reports. Please note, two reports required redactions. Report No. 2019-117-9-15 relates to a deployment where Spot was utilized at a scene where an identified individual died by suicide, as described in the body of the report. The Department asserts that the privacy exemption clause exempts from public disclosure information relating to and surrounding such sensitive personal matters. See, e.g., Opinion of the Supervisor of Public Records, SPR05/063 (emergency 911 call of family member concerning suicide attempt of another family member not subject to public dissemination pursuant to privacy exemption of G.L. c. 4, §7, cl. 26 (c)). As such, redactions of been made to the name and home address of the deceased in order to protect their privacy. In this same report, the Department has also made redactions to descriptions of tactics utilized by the Department's STOP Team as well as the number of STOP Team members present at this particular incident pursuant to G.L. c. 4, §7, cl.26(n). Disclosing the number of Troopers deployed on any given call could impact the safety and security of those officers as well as the individuals they offer assistance to. By disclosing the number of Troopers deployed with the STOP Team, as well as the tactics used by those members on scene, an individual would be able to determine the emergency preparedness of the Department at any given occasion. As previously stated, the STOP Team is deployed in a variety of situations, including but not limited to: hostage situations, threats of terrorist activities, riot situations, warrant service, assisting in the arrest of violent offenders, assisting in drug interdiction, and assisting in the search for lost or wanted persons. Given the serious nature of the events in which the STOP team is deployed, it would pose both a security risk to those members who are deployed and to the individuals who the team is assisting if the number of personnel deployed was disclosed. This would give an individual with criminal intent the opportunity to anticipate and plan for a specific type of STOP Team Response. An individual would be able to ascertain how many Troopers may be deployed in any given situation, as well as the tactical decisions made on scene.

In that same vein, the Department has made one redaction to Report No. 2019-117-22-69, which described a particular environment in which this piece of equipment may experience difficulty functioning. This redaction was also made pursuant to G.L. c. 4, §7, cl.26(n). By revealing this information and a specific instance where this particular piece of equipment can be rendered less functional, the Department would jeopardize its emergency preparedness in that specific environment. As such, the Department has made that redaction pursuant to G.L. c. 4, §7, cl.26(n).

If you wish to appeal this portion of the Department's response, you may do so in accordance with MGL c. 6, s. 10.

Siobhan E. Kelly
Staff Counsel
Office of Chief Legal Counsel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01702
Tel: (508) 820-2337
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