MPIA Request for Information Re: Your Agency's Use of Facial Recognition Software (Montgomery County Police Department)

Montgomery County Police Records

Dear Deborah Levi:
Thank you for your interest in public records of Montgomery County Police Department. Your request has been received and is being processed in accordance with the Maryland’s Public Information Act (PIA). Your request was received in this office on 7/2/2023 and given the reference number R033724-070223 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I am hereby requesting access to the records listed below and held by the Montgomery County Police Department:

- A list of every instance in which the Montgomery County Police Department has used facial recognition software – including but not limited to the Thales Cogent Mugshot System (CMS) – since January 1, 2022;

- A list of all Facial Recognition (FR) Record Numbers and/or CMS Transaction Numbers generated since January 1, 2022;

- A list of all facial recognition software systems used by the Montgomery County Police Department since January 1, 2022;

- Contracts between the Montgomery County Police Department and any facial recognition software companies;

- Users manuals for all facial recognition software used by the Montgomery County Police Department;

- The total number of Facial Recognition Match Reports generated since January 1, 2022;

- The total number of positive facial recognition results generated since January 1, 2022;

- The total number of instances in which the Montgomery County Police Department identified a suspect or person of interest using facial recognition software since January 1, 2022;

- A list of all social media platforms used by the Montgomery County Police Department in conjunction with facial recognition software;

- All the Montgomery County Police Department policies and procedures pertaining to the use of facial recognition software;

- Names of all individuals employed or contracted by the Montgomery County Police Department who are trained in the use of facial recognition software;

- A description of the Montgomery County Police Department's facial recognition training requirements.

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. Alternatively, please consider waiving any fees, pursuant to § 4-206(e)(2)(ii) of the General Provisions Article, as this request is on behalf of individuals served by the Maryland Office of the Public Defender, a state government agency, which solely serves indigent citizens of Maryland. As a result, my request for the above-listed public records is in the public interest. I would prefer the request be 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 calendar days, as the statute requires.

Sincerely,

Deborah Katz Levi
Director of Special Litigation
Maryland Office of the Public Defender
(443) 272-1068

Upload documents directly: https://www.muckrock.com/
Your request will be forwarded to the relevant 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: Maryland’s Public Information Act (PIA) does not require a governmental body to create new information, to do legal research, or to answer questions.
You can 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 Public Records Center.
Montgomery County Police Department

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Montgomery County Police Records
Good morning, Deborah,
We are gathering records for consideration of release.  I will have more information to you on the request shortly.  Thank you so much.
Mary Davison, MCPD Records

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Montgomery County Police Records
RE: MONTGOMERY COUNTY PUBLIC RECORDS REQUEST of July 02, 2023, Reference # R033724-070223.
Dear Deborah Levi,
The Montgomery County Police Department received a public information request from you on July 02, 2023. Your request mentioned: "To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I am hereby requesting access to the records listed below and held by the Montgomery County Police Department:

- A list of every instance in which the Montgomery County Police Department has used facial recognition software – including but not limited to the Thales Cogent Mugshot System (CMS) – since January 1, 2022;

- A list of all Facial Recognition (FR) Record Numbers and/or CMS Transaction Numbers generated since January 1, 2022;

- A list of all facial recognition software systems used by the Montgomery County Police Department since January 1, 2022;

- Contracts between the Montgomery County Police Department and any facial recognition software companies;

- Users manuals for all facial recognition software used by the Montgomery County Police Department;

- The total number of Facial Recognition Match Reports generated since January 1, 2022;

- The total number of positive facial recognition results generated since January 1, 2022;

- The total number of instances in which the Montgomery County Police Department identified a suspect or person of interest using facial recognition software since January 1, 2022;

- A list of all social media platforms used by the Montgomery County Police Department in conjunction with facial recognition software;

- All the Montgomery County Police Department policies and procedures pertaining to the use of facial recognition software;

- Names of all individuals employed or contracted by the Montgomery County Police Department who are trained in the use of facial recognition software;

- A description of the Montgomery County Police Department's facial recognition training requirements.

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. Alternatively, please consider waiving any fees, pursuant to § 4-206(e)(2)(ii) of the General Provisions Article, as this request is on behalf of individuals served by the Maryland Office of the Public Defender, a state government agency, which solely serves indigent citizens of Maryland. As a result, my request for the above-listed public records is in the public interest. I would prefer the request be 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 calendar days, as the statute requires.

Sincerely,

Deborah Katz Levi
Director of Special Litigation
Maryland Office of the Public Defender
(443) 272-1068

Upload documents directly: https://www.muckrock.com/ Due to the type of information pertaining to investigative techniques, a legal review with our county attorney will be required to determine what, if anything, may legally be released.
If you have any questions or need additional information, please feel free to contact my office at 240-773-5217 or via email.
Sincerely,
Christina Courtemanche
Corporal
Records Management

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Montgomery County Police Records
RE: MONTGOMERY COUNTY PUBLIC RECORDS REQUEST of July 02, 2023, Reference # R033724-070223.
Dear Deborah Levi,
The Montgomery County Police Department received a public information request from you on July 02, 2023. Your request mentioned: "To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I am hereby requesting access to the records listed below and held by the Montgomery County Police Department:

- A list of every instance in which the Montgomery County Police Department has used facial recognition software – including but not limited to the Thales Cogent Mugshot System (CMS) – since January 1, 2022;

- A list of all Facial Recognition (FR) Record Numbers and/or CMS Transaction Numbers generated since January 1, 2022;

- A list of all facial recognition software systems used by the Montgomery County Police Department since January 1, 2022;

- Contracts between the Montgomery County Police Department and any facial recognition software companies;

- Users manuals for all facial recognition software used by the Montgomery County Police Department;

- The total number of Facial Recognition Match Reports generated since January 1, 2022;

- The total number of positive facial recognition results generated since January 1, 2022;

- The total number of instances in which the Montgomery County Police Department identified a suspect or person of interest using facial recognition software since January 1, 2022;

- A list of all social media platforms used by the Montgomery County Police Department in conjunction with facial recognition software;

- All the Montgomery County Police Department policies and procedures pertaining to the use of facial recognition software;

- Names of all individuals employed or contracted by the Montgomery County Police Department who are trained in the use of facial recognition software;

- A description of the Montgomery County Police Department's facial recognition training requirements.

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. Alternatively, please consider waiving any fees, pursuant to § 4-206(e)(2)(ii) of the General Provisions Article, as this request is on behalf of individuals served by the Maryland Office of the Public Defender, a state government agency, which solely serves indigent citizens of Maryland. As a result, my request for the above-listed public records is in the public interest. I would prefer the request be 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 calendar days, as the statute requires.

Sincerely,

Deborah Katz Levi
Director of Special Litigation
Maryland Office of the Public Defender
(443) 272-1068

Upload documents directly: https://www.muckrock.com/
The Montgomery County Police Department has reviewed your request and has determined that the records requested are exempt from disclosure under MPIA for the following reasons:
4-351(a)(3) Intelligence Information and Security Procedures are not releasable records for they would divulge privileged operational information.
4-351(b)(5) Investigative Techniques and Procedures are protected records for the security of the entire community.
4-351(b)(1) These records are associated with Open Cases and are investigatory in nature.
GP section 4-362 of the MPIA sets out the rights and remedies for a requestor who believes that he or she has been wrongfully denied of inspection of a public record.  You should refer to that section of the State Code if you believe that you have been wrongfully denied inspection of a public record.
A formal letter documenting the denial is attached in the portal.
Thank you for contacting Montgomery County. We are proud to serve our community.
Montgomery County Records Division