Mobile Biometric Technologies (Montana Dept. of Justice)

To Whom It May Concern:

Pursuant to Montana Public Records Act, Article II, § 9, I hereby request the following records:

Dear Custodian of Records/Public Records Coordinator,

I am collaborating with the Electronic Frontier Foundation, a public interest group, and the media organization MuckRock, to survey how law enforcement agencies deploy mobile biometric technologies.

Mobile biometric technologies can be defined as any mobile device or mobile app used by law enforcement agencies to scan, capture, analyze, store, or automatically recognize any physical or biological characteristic of a subject. Commonly used mobile biometric technologies include fingerprint/thumbprint collection, facial recognition, scans of the iris or other elements of the human eye, Rapid DNA, and tattoo recognition. (Please see below for examples.)

Pursuant to Montana Public Records Law, I request the following records pertaining to mobile biometric technologies, including those listed above, as well as other biometric technologies I have not identified:

1) Purchasing and procurement documents, including but not limited to: purchase orders, RFPs, responses to RFPs, invoices and contracts

2) Policy, procedural, and training documents, including but not limited to: use policies, standard operating procedures, training materials, presentations, privacy assessments, data retention policies, and other guidelines

3) Programming documents, including but not limited to: funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports

4) Audit documents, including but not limited to: audits of the system, misuse reports, and reports to oversight bodies

In your response, I would appreciate that you individually address each of the above categories of documents individually.

In addition to the above classes of documents, I am also seeking the following information:

- The total number of individuals whose biometric data has been collected over the last three years,
- The total number of [biometric data points] contained in the agency’s database
- The retention period for biometric data
- The number of mobile biometrics devices purchased and in use
- The total number of authorized users of the mobile biometrics devices
- Which external agencies and entities have access to biometric data in the database and under what conditions,
- Whether biometric data is combined with biographic data such as name and address in the database, and
- The process by which data is entered into the database

These documents will be published online and inform the public dialog over police technology. Because of the great public interest in these issues, I ask that you waive any fees. If your agency is unable to do so, please contact me with an estimate of the costs.

Thank you.

Sincerely,

Troy Carter, Reporter
Bozeman Daily Chronicle

Examples:

Mobile facial recognition
http://www.utsandiego.com/news/2013/nov/08/cir-facial-recognition-software-san-diego/

Mobile fingerprint readers
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1824&issue_id=62009

Mobile iris scanners
http://www.reuters.com/article/2011/07/20/us-crime-identification-iris-idUSTRE76J4A120110720

Rapid DNA
http://www.policemag.com/channel/technology/articles/2014/02/speeding-up-dna-analysis.aspx

Mobile Tattoo Recognition
http://www.lawofficer.com/articles/print/volume-10/issue-4/features/new-smartphone-app-interprets.html

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 would request your response within ten (10) business days.

Sincerely,

Troy Carter, Reporter
Bozeman Daily Chronicle

John,

This response is sufficient. Thank you and your colleagues at DOJ for responding promptly.

-Troy