BI Incorporated "VeriWatch" Contracts (Kings County District Attorney's Office)
| Multi Request | BI Incorporated "VeriWatch" Contracts |
| Submitted | Oct. 10, 2023 |
| Due | Oct. 17, 2023 |
| Est. Completion | March 29, 2024 |
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Communications
From: Mack DeGeurin
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am writing to request access to all records, including but not limited to contracts and emails, related to BI Incorporated and/or its smartwatch device called the "VeriWatch." This request is made under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. I am interested in learning more about the agency's use of the VeriWatch device, including how it is being used, how much it costs, and what safeguards are in place to protect the privacy of individuals who are subject to its use. Specifically, I am interested in any records that discuss:
The purpose of the agency's contract with BI Incorporated.
The terms of the contract, including the cost of the VeriWatch devices and the duration of the contract.
How the agency is using the VeriWatch devices.
The types of data that the VeriWatch devices collect and how that data is used.
The safeguards that the agency has in place to protect the privacy of individuals who are subject to the use of the VeriWatch devices.
I would appreciate it if you could provide me with copies of all responsive records within 30 days of receiving this request. If you have any questions or require any additional information, please do not hesitate to contact me at mdegeurin@gizmodo.com. I am a tech policy reporter at Gizmodo where I have experience reporting on policing technology. I believe these records are in the public interest and I plan to write about them for our large audience of readers. As such, I would like to respectfully request to have fees for these documents waived. If you have any questions about my media status, please contact me.
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 look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Mack DeGeurin
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Oct. 20, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Oct. 20, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kings County District Attorney's Office
Good evening,
I am writing to acknowledge receipt of your recent email, in which you seek records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”). Please note that ADA Dennehy is no longer part of the FOIL Unit and has not been a member of the FOIL Unit for several years. Thus, there will be a delay in our response to any correspondence sent to his attention.
Please be advised that your request is being processed and a search for responsive records has commenced. Based upon an initial review of your request, and an estimate of what is required to complete it, this agency has determined that it will be unable to respond to your request in full within the next twenty (20) business days. The reasons we cannot process your request within the next twenty (20) business days include:
1. The volume of the requests we received prior to yours.
1. The work needed to process said requests,
1. The fact that this agency processes requests in the order in which they are received,
1. The anticipated size of the files from which you have requested records,
1. The fact that the records you requested may not be contained within a single, readily identifiable, on-site source, and, most significantly,
1. The fact that this Office’s Records Access Officers (RAOs), are still tackling a Covid-related backlog of FOIL requests that accrued over a two-year period wherein, due to limited on-site staffing, we were unable to access our physical files.
Accordingly, for all of these reasons, you can expect a determination on or about March 29, 2024, which date is “reasonable under the circumstances of (your) request(s).” within the meaning of Public Officers Law § 89(3)(a). See Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 465 (2007) ([T]ime needed to comply with a request may be dependent on a number of factors, including the volume of the request and the retrieval methods. Compliance with FOIL request may require substantial time and may not require agency to provide such records in a time other than that which is reasonable in view of the attendant circumstances). In the determination any statutorily authorized fees incurred in processing your request will be listed. These fees must be paid before this agency will release any records. Pub Off. L. § 87(1)(b)(iii).
If you do not receive a determination by that the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of that date by writing to: John C. Carroll, Esq., FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Carroll is copied on this email.
___________________________
Sincerely,
Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742
From: Kings County District Attorney's Office
Good evening,
I am writing to acknowledge receipt of your recent email, in which you seek records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”). Please note that ADA Dennehy is no longer part of the FOIL Unit and has not been a member of the FOIL Unit for several years. Thus, there will be a delay in our response to any correspondence sent to his attention.
Please be advised that your request is being processed and a search for responsive records has commenced. Based upon an initial review of your request, and an estimate of what is required to complete it, this agency has determined that it will be unable to respond to your request in full within the next twenty (20) business days. The reasons we cannot process your request within the next twenty (20) business days include:
1. The volume of the requests we received prior to yours.
1. The work needed to process said requests,
1. The fact that this agency processes requests in the order in which they are received,
1. The anticipated size of the files from which you have requested records,
1. The fact that the records you requested may not be contained within a single, readily identifiable, on-site source, and, most significantly,
1. The fact that this Office’s Records Access Officers (RAOs), are still tackling a Covid-related backlog of FOIL requests that accrued over a two-year period wherein, due to limited on-site staffing, we were unable to access our physical files.
Accordingly, for all of these reasons, you can expect a determination on or about March 29, 2024, which date is “reasonable under the circumstances of (your) request(s).” within the meaning of Public Officers Law § 89(3)(a). See Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 465 (2007) ([T]ime needed to comply with a request may be dependent on a number of factors, including the volume of the request and the retrieval methods. Compliance with FOIL request may require substantial time and may not require agency to provide such records in a time other than that which is reasonable in view of the attendant circumstances). In the determination any statutorily authorized fees incurred in processing your request will be listed. These fees must be paid before this agency will release any records. Pub Off. L. § 87(1)(b)(iii).
If you do not receive a determination by that the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of that date by writing to: John C. Carroll, Esq., FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Carroll is copied on this email.
___________________________
Sincerely,
Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Oct. 20, 2023. You had previously indicated that it would be completed on March 29, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Oct. 20, 2023. You had previously indicated that it would be completed on March 29, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Oct. 20, 2023. You had previously indicated that it would be completed on March 29, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
Files
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