Facial Recognition - New York City (NY)

Freddy Martinez filed this request with the New York City Police Department of New York City, NY.
Tracking #

FOIL-2019-056-12167

Status
Rejected

Communications

From: Freddy Martinez

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Records and materials related to the solicitation, acquisition, and use of face recognition technology and related software and services.

This software or services may be provided by Rekognition, Face++, and FaceFirst; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.

Responsive materials include but are not limited to:

• Agreements: contracts (including non-disclosure agreements), licensing agreements, nondisclosure agreements
• Bid records: Requests For Proposal (or equivalent calls for bids), sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question
• Company relations and communications: records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing face recognition to this agency for immigration, intelligence, law enforcement, or other use.
• Financial records: purchase orders, invoices, and other memoranda and documentation.
• Marketing records: All marketing materials - unsolicited, requested, or otherwise - acquired from vendors of face recognition technology
• Policy records: any policy directives, guidance documents, memoranda, training materials, or similar records governing the use of face recognition technology for immigration, law enforcement, or other purposes. Any memoranda of understanding between this agency and other agencies to share data, access remote systems or other forms of information sharing with external agencies.
• Training records: training material governing the use, sharing, or access to any related data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology. Documents, should they exist, about training for bias in the use of facial recognition technology.
• Use and function records: Materials that describe the function of the software considered or in use by this agency, including emails, handouts, PowerPoint presentations, advertisements, or specification documents.
• Validation and accuracy: Records, reports, audits, and other documents sufficient to describe validation, accuracy, reliability, and policy compliance of the system.

Please limit the search to records produced from January 1, 2017 – present. Please include in your search as responsive records: communications, memorandums, background papers, meeting minutes, email exchanges, or presentation materials. If your office has questions about this request, please feel free to direct them to the address associated with this request or call the MuckRock office at 617-299-1832.

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,

Freddy Martinez

From: New York City Police Department

The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2019-056-12167. (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-12167)
You can expect a response on or about Thursday, December 5, 2019.

Additional Information:
Your request has been assigned to Detective Halk (646-610-6430)

Please visit FOIL-2019-056-12167 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-12167)
Request Information:
Request Title: Facial Recognition
Request Description: Other Request Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description: To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:Records and materials related to the solicitation, acquisition, and use of face recognition technology and related software and services.This software or services may be provided by Rekognition, Face++, and FaceFirst; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.Responsive materials include but are not limited to:• Agreements: contracts (including non-disclosure agreements), licensing agreements, nondisclosure agreements• Bid records: Requests For Proposal (or equivalent calls for bids), sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question• Company relations and communications: records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing face recognition to this agency for immigration, intelligence, law enforcement, or other use.• Financial records: purchase orders, invoices, and other memoranda and documentation. • Marketing records: All marketing materials - unsolicited, requested, or otherwise - acquired from vendors of face recognition technology• Policy records: any policy directives, guidance documents, memoranda, training materials, or similar records governing the use of face recognition technology for immigration, law enforcement, or other purposes. Any memoranda of understanding between this agency and other agencies to share data, access remote systems or other forms of information sharing with external agencies.• Training records: training material governing the use, sharing, or access to any related data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology. Documents, should they exist, about training for bias in the use of facial recognition technology. • Use and function records: Materials that describe the function of the software considered or in use by this agency, including emails, handouts, PowerPoint presentations, advertisements, or specification documents.• Validation and accuracy: Records, reports, audits, and other documents sufficient to describe validation, accuracy, reliability, and policy compliance of the system.Please limit the search to records produced from January 1, 2017 – present. Please include in your search as responsive records: communications, memorandums, background papers, meeting minutes, email exchanges, or presentation materials. If your office has questions about this request, please feel free to direct them to the address associated with this request or call the MuckRock office at 617-299-1832.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,Freddy MartinezUpload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

From: New York City Police Department

The New York City Police Department (NYPD) has closed your FOIL request FOIL-2019-056-12167 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-12167)

* In regard to the portion of your request concerning "Agreements" and "Bid records" for the three companies you listed, this unit is unable to locate responsive records based on the information you provided.
* Concerning the remainder of your request: The Freedom of Information Law allows access to existing documents and does not necessitate the creation of a document. I am unable to provide access to these documents on the basis that your request does not reasonably describe a record in a manner that would enable a search to be conducted by the New York City Police Department. In regard to the document(s) which you requested, I must deny access to the records on the basis that your request is too broad in nature and does not describe a specific document.

You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2019-056-12167%20-%20Appeal)
Request Information:
Request Title: Facial Recognition
Request Description: Other Request Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description:

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Records and materials related to the solicitation, acquisition, and use of face recognition technology and related software and services.

This software or services may be provided by Rekognition, Face++, and FaceFirst; this request is applicable to these and any other company providing facial recognition services under consideration or contract with this agency.

Responsive materials include but are not limited to:

• Agreements: contracts (including non-disclosure agreements), licensing agreements, nondisclosure agreements
• Bid records: Requests For Proposal (or equivalent calls for bids), sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question
• Company relations and communications: records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing face recognition to this agency for immigration, intelligence, law enforcement, or other use.
• Financial records: purchase orders, invoices, and other memoranda and documentation.
• Marketing records: All marketing materials - unsolicited, requested, or otherwise - acquired from vendors of face recognition technology
• Policy records: any policy directives, guidance documents, memoranda, training materials, or similar records governing the use of face recognition technology for immigration, law enforcement, or other purposes. Any memoranda of understanding between this agency and other agencies to share data, access remote systems or other forms of information sharing with external agencies.
• Training records: training material governing the use, sharing, or access to any related data related to or collected by the face recognition software/technology, including the legal standard that is required before using the technology. Documents, should they exist, about training for bias in the use of facial recognition technology.
• Use and function records: Materials that describe the function of the software considered or in use by this agency, including emails, handouts, PowerPoint presentations, advertisements, or specification documents.
• Validation and accuracy: Records, reports, audits, and other documents sufficient to describe validation, accuracy, reliability, and policy compliance of the system.

Please limit the search to records produced from January 1, 2017 – present. Please include in your search as responsive records: communications, memorandums, background papers, meeting minutes, email exchanges, or presentation materials. If your office has questions about this request, please feel free to direct them to the address associated with this request or call the MuckRock office at 617-299-1832.

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,

Freddy Martinez

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

From: Freddy Martinez

This is an appeal under FOIL for the adequacy of the search for records under the law. NYPD is well documented to use facial recognition technology and we specified a number of records that would be responsive to our request.

Freddy Martinez

From: New York City Police Department

Mr. Martinez,

Please see attached appeal determination. Thank you.

Respectfully,

Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org<mailto:FOILAppeals@NYPD.org>

CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.

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