Facial recognition software and marketing - September 2019

Beryl Lipton filed this request with the Pennsylvania Justice Network (jnet) of Pennsylvania.


From: Beryl Lipton

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, 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.

Materials 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.

• 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

• 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.

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.


Beryl Lipton

From: Pennsylvania Justice Network (jnet)

Dear Beryl Lipton:

On April 30, 2021, the open-records officer of the Governor's Office of Administration (OA) received your written request for information. OA is responding to your request under the Pennsylvania Right-To-Know Law, 65 P.S. §§ 67.101, et seq. (RTKL). Under the RTKL, a written response to your request is due on or before May 7, 2021.

This is an interim response, not a final response, to your request. Under the provisions of 65 P.S. § 67.902(b)(2), you are hereby notified that your request is being reviewed for the reason(s) listed below and OA will require up to an additional 30 days, i.e., until June 7, 2021, in which to respond to your request.

· Compliance with your request may require the redaction of certain information that is not subject to access under RTKL.

· Your request is under legal review to determine whether a requested record is a "public record" for purposes of the RTKL.

· The extent or nature of the request precludes a response within the required time period.

Finally, the estimated or actual total for any fees that will be owed when the record becomes available will be included in our subsequent response. Prepayment is required before providing access when the estimated cost to fulfill each request exceeds $100.00. 65 P.S. § 67.1307(h). If you have any questions regarding this letter, please contact me.


Wha Lee Strohecker
Agency Open Records Officer
Governor's Office of Administration
510 Finance Building
Harrisburg, Pennsylvania 17120

From: Pennsylvania Justice Network (jnet)

Dear Mr. Lipton:

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From: Pennsylvania Justice Network (jnet)

Attaching a copy of your request here as well. Thank you.

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