Right to Know Request - Facial Recognition System Access
| Submitted | Dec. 2, 2022 |
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Communications
From: Paul Tepper
To Whom It May Concern:
Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:
1. Any datasets, logs, or lists showing the law enforcement agencies with access to the Pennsylvania Justice Network’s facial recognition system (“FRS”) or with the ability to request searches of the FRS from January 1, 2020 to the date of the most recently available data. If this information is maintained in a spreadsheet, such as Excel, I request that the record be produced in this format. If datasets, logs or lists are not available, please provide all available agreements with agencies that have access to the FRS, including all Memoranda of Understanding (MOUs) or other agreements with federal, state or local law enforcement agencies.
2. Any datasets, logs, or lists showing which agencies requested access and which agencies received access to the FRS from January 1, 2020 to the date of the most recently available data. Please provide all data and records of queries and requests for facial recognition comparisons, including, as available, the requesting organization, the number of requests made, and the number of requests granted.
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,
Paul Tepper
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Dec. 2, 2022. 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: Office of Administration
Dear Mr. Tepper:
On December 2, 2022, the open-records officer of the Governor's Office of Administration (OA) received your written request for information. OA is responding to your requests under the Pennsylvania's Right-To-Know Law (RTKL), Act of February 14, 2008, P.L. 6, as amended, 65 P.S. §§ 67.101-67.3104. Under the RTKL, a written response to your request is due on or before December 9, 2022.
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 January 9, 2022, 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.
Sincerely,
Wha Lee Strohecker
Agency Open Records Officer
Governor's Office of Administration
510 Finance Building
Harrisburg, Pennsylvania 17120
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Dec. 2, 2022. You had previously indicated that it would be completed on Jan. 9, 2023. 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: Office of Administration
Dear Mr. Tepper:
On December 5, 2022, 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 Right-To-Know Law (RTKL), Act of February 14, 2008, P.L. 6, as amended, 65 P.S. §§ 67.101, et seq. A response to your RTKL request was due on or before December 9, 2022. On December 9, 2022, OA requested an additional 30 days to respond, until January 9, 2023. This is OA's final response.
Your request is attached. You requested:
1. Any datasets, logs, or lists showing the law enforcement agencies with access to the Pennsylvania Justice Network's facial recognition system ("FRS") or with the ability to request searches of the FRS from January 1, 2020 to the date of the most recently available data. If this information is maintained in a spreadsheet, such as Excel, I request that the record be produced in this format. If datasets, logs or lists are not available, please provide all available agreements with agencies that have access to the FRS, including all Memoranda of Understanding (MOUs) or other agreements with federal, state or local law enforcement agencies.
2. Any datasets, logs, or lists showing which agencies requested access and which agencies received access to the FRS from January 1, 2020 to the date of the most recently available data. Please provide all data and records of queries and requests for facial recognition comparisons, including, as available, the requesting organization, the number of requests made, and the number of requests granted.
For the first part of your request, all law enforcement agencies in Pennsylvania are eligible to access the Facial Recognition System. Upon completing necessary training, law enforcement personnel may access the Facial Recognition System directly through the Pennsylvania Justice Network (JNET). Further all law enforcement agencies may access the Facial Recognition System by contacting the Pennsylvania State Police's Criminal Intelligence Center and opening a case with them.
As to the second part of your request and the portion of your request seeking "all available agreements with agencies that have access to the FRS, including all Memoranda of Understanding (MOUs) or other agreements with federal, state or local law enforcement agencies", OA does not have in its possession, custody, or control any records that are responsive to your request. Pursuant to the Office of Open Records Final Decision in Jenkins vs. Pennsylvania Department of State, OOR Dkt. AP 2009-065, it should be noted that: "It is not a denial of access when an agency does not possess records and [there is no] legal obligation to obtain them..."
If you deem this to be a denial of access, you may appeal this response. To appeal this response, you must file an appeal in writing to the Executive Director, OOR, 333 Market Street, 16th Floor, Harrisburg, PA 17101-2234. If you choose to file an appeal, you must do so within 15 business days of the mailing date of this response and send to the OOR:
1. this response;
2. your request; and
3. the reason why you think the record exists under the custody or control of the agency.
Also, the OOR has an appeal form available its website at: http://www.openrecords.pa.gov/Appeals/AppealForm.cfm.
If you have any questions, please contact our office at the telephone number listed below.
Sincerely,
Wha Lee Strohecker
Agency Open Records Officer
Governor's Office of Administration
510 Finance Building
Harrisburg, Pennsylvania 17120
From: Paul Tepper
Thank you. My understanding, based on correspondence with the Office of Open Records, was that you were the Open Records Officer for the Pennsylvania Justice Network. Is that correct? If not, can you direct me to the appropriate person?
Most every state maintains logs of agencies that access their state facial recognition systems and I had thought that JNET would have such a log.
I'd appreciate your guidance.
Sincerely,
Paul Tepper
From: Office of Administration
Yes, JNET is under the Office of Administration. I am the agency open records officer.
From: Paul Tepper
Thank you for clarifying your position. I'm sorry if my request wasn't clear. Is there a list, log or data set showing the agencies of the law enforcement personnel who have completed the necessary training permitting access the Facial Recognition System directly through the Pennsylvania Justice Network (JNET)? Is there a list, log, or data set showing the agencies who have actually accessed the Face Recognition System?
Paul
From: Office of Administration
Mr. Tepper,
We are currently looking into this for you. Please give us some time and I will be in touch with you again soon.
Thank you.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Dec. 2, 2022. You had previously indicated that it would be completed on Jan. 9, 2023. 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: Office of Administration
The OA is still looking into the information to your question you emailed:
"Is there a list, log or data set showing the agencies of the law enforcement personnel who have completed the necessary training permitting access the Facial Recognition System directly through the Pennsylvania Justice Network (JNET)? Is there a list, log, or data set showing the agencies who have actually accessed the Face Recognition System?"
From: Paul Tepper
Hello,
Just following up. Any info you an share?
From: Office of Administration
Please note, OA answered this as a courtesy and is not treating your questions below as a RTKL request.
1. Is there a list, log, or data set showing the agencies of the law enforcement personnel who have completed the necessary training permitting access to the facial recognition system directly through the Pennsylvania Justice Network?
Due to the way the user training is tracked within JNET's System, OA does not have an existing list, log, or data set that shows the agency associated with the law enforcement personnel who have completed the necessary training permitting access the facial recognition system.
1. Is there a list, log, or data set showing the agencies who have actually accessed the facial recognition system?
OA does not have a list, log, or data set that shows the agencies who have actually access the facial recognition system.
From: Paul Tepper
Hi,
Thank you.
Sincerely,
Paul Tepper
From: Office of Administration
Good morning.
OA answered your questions as a courtesy as shown below.
Thank you.
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