DPD IMSI Usage and Data Storage

Dear Mr. Wright:

I reviewed your request below for records related to the use of IMSI technology by the Denver Police Department.

Records of the Denver Police Department (DPD) are criminal justice records, the disclosure of which is governed by the Colorado Criminal Justice Records Act (CCJRA), sections 24-72-301, et. seq. C.R.S. Except for records of "official actions," the disclosure of criminal justice records is discretionary and can be denied where the custodian believes disclosure would be contrary to the public interest. Section 24-72-305(5), C.R.S.

Pursuant to Harris v. Denver Post, 123 P.3d 116 (Colo. 2005), the following factors are used to determine whether a record should be released or withheld:

(a) the privacy interests of individuals, if any, who may be impacted by a decision to allow disclosure of the record;
(b) the agency's interest in keeping confidential information confidential;
(c) the agency's interest in the integrity of on-going investigations;
(d) the public purpose to be served in allowing disclosure of the record; and
(e) any other pertinent considerations relevant to the circumstances of the particular records
request, including whether disclosure would be contrary to the public interest.

The information you seek is not a record of "official action" and therefore, the disclosure of the information is discretionary. The Denver Police Department uses IMSI identifying numbers in the application for court orders as a means of specifically identifying the mobile device of interest. The Denver Police Department does not:

* Possess any IMSI technology that intercepts or monitors mobile phones

* Deploy any IMSI technology

* Retain, store or share IMSI data other than as a means to identify a specific mobile device which is the subject of application for a court order.

The request for "all documents related to the Harris Corporation, makers of the StingRay and StingRay II wireless surveillance products" is overly broad. The DPD's radio system which is deployed throughout the department is manufactured by the Harris Corporation. This business relationship for radio communications equipment has existed for many years and there is an exceedingly large number of records related to the Harris Corporation. However, the DPD does not possess the Stingray, Stingray II or other similar equipment.

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Mary Dulacki | Records Coordinator
Department of Safety | City and County of Denver
720.913.6262 Phone
mary.dulacki@denvergov.org<mailto:first.last@denvergov.org>

This e-mail and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 720-913-6262 and permanently delete the original and destroy any copies or printouts. Thank you.

June 9, 2013

Denver Police Department

Police Administration Building

1331 Cherokee Street, Room 420

Denver, CO 80204

Phone: (720) 913-6755

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

All documents relating to usage of International Mobile Subscriber Identity (IMSI) technology (and any mobile phone interception or monitoring device or technology) by the Denver Police Department, including but not limited to documents indicating:

- scope of IMSI deployment;

- purposes for which IMSI technology is employed;

- means of handling and storing IMSI data;

- extent and timeline for IMSI data storage; and

- protocols and extent of IMSI data sharing between DPD and other government agencies.

- all documents related to the Harris Corporation, makers of the StingRay and StingRay II wireless surveillance products.

Please include any relevant documents, including but not limited to memos, reports, emails, meeting minutes and contracts.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. 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.

In the event that fees cannot be waived, 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.

You are welcome

Mary Dulacki | Records Coordinator
Department of Safety | City and County of Denver
720.913.6262 Phone
mary.dulacki@denvergov.org 

This e-mail and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 720-913-6262 and permanently delete the original and destroy any copies or printouts. Thank you.