Poughkeepsie Police Department's Flock Safety ALPR Data and Policies

To Whom It May Concern:

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

MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115

Date: June 5, 2023

Poughkeepsie City Clerk
62 Civic Center Plaza
Poughkeepsie, NY 12601

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Automated License Plate Reader (ALPR) Data

Dear FOIA Officer,

Under the provisions of the New York Freedom of Information Law, I hereby request access to and copies of all records held by the Poughkeepsie Police Department pertaining to Automated License Plate Reader (ALPR) readings obtained through Flock Safety systems over the past 30 days.

For the purpose of this request, the records I seek include, but are not limited to:

The database records of all license plate scans.
The database records of all matches to any "hot list."
Information on how this data is used, shared, and stored.
Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with New York Freedom of Information Law. If an entire document is exempt, I request a justification, citing specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

For relevance, I reference the following court cases pertaining to the release of ALPR data:

American Civil Liberties Union Foundation of Southern California v. Superior Court of Los Angeles County, 236 Cal. App. 4th 673 (2015) - This case found that ALPR data is not exempt from the California Public Records Act, supporting the public's access to such data.

Utah v. Bingham, 330 P.3d 550 (Utah Ct. App. 2014) - This case recognized that the collection of ALPR data constitutes a government search under the Fourth Amendment, emphasizing the need for accountability and transparency.

Please note your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation, as confirmed in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 150 (1980).

Enclosed is a letter requesting a fee waiver for the processing of this request. As an independent investigative journalist associated with TransparencyReport.pw, I believe that the information I seek is in the public interest and its disclosure contributes significantly to public understanding of the operations or activities of the government.

If the enclosed waiver is not accepted and there are any potential charges in excess of $200 associated with fulfilling my request, please inform me in advance.

As stipulated by the FOIA, I look forward to your response within twenty business days (5 U.S.C. § 552(a)(6)(A)(i)).

Thank you for your prompt attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329

Enclosure: Fee Waiver Request Letter

Please be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.

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,

Jordan Lassiter

Subject: Appeal of FOIA Denial - Request Number: PD-2023-77

Dear Jasmin Davis,

I am writing to further support my appeal of the denial of my Freedom of Information Law (FOIA) request, as stated in your email. In addition to the relevant court cases mentioned in my previous letter, I would like to provide additional grounds for reconsideration, supported by legal precedents.

1. American Civil Liberties Union Foundation of Southern California v. Superior Court of Los Angeles County, 236 Cal. App. 4th 673 (2015) - This case concluded that ALPR data is not exempt from the California Public Records Act, affirming the public's access to such data. The court recognized the importance of transparency and accountability in releasing ALPR data to the public.

2. Utah v. Bingham, 330 P.3d 550 (Utah Ct. App. 2014) - This case established that the collection of ALPR data constitutes a government search under the Fourth Amendment. It emphasized the need for transparency and accountability in the handling of such data, supporting the public's right to access ALPR records.

These court cases illustrate the legal precedents that acknowledge the public's right to access and scrutinize ALPR data. They highlight the importance of transparency, accountability, and informed public discourse on matters related to government surveillance and civil liberties.

In light of these legal precedents and the principles they uphold, I respectfully urge you to reconsider the denial of my FOIA request. I believe that the requested records, pertaining to the Automated License Plate Reader (ALPR) readings obtained through Flock Safety systems, are of significant public interest. Access to this information is crucial for fostering transparency, ensuring accountability, and promoting informed discussions on the balance between public safety and individual privacy rights.

Thank you for your attention to this matter. I look forward to a prompt and comprehensive response to my appeal, taking into account the legal precedents mentioned above and upholding the principles of transparency and accountability enshrined in the New York Freedom of Information Law.

Sincerely,

Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329

Subject: Appeal of FOIA Denial - Request Number: PD-2023-77

Dear Jasmin Davis,

I am writing to further support my appeal of the denial of my Freedom of Information Law (FOIA) request, as stated in your email. In addition to the relevant court cases mentioned in my previous letter, I would like to provide additional grounds for reconsideration.

Firstly, it is essential to note that the New York Freedom of Information Law (FOIL) itself is designed to promote transparency and provide the public with access to government records. The purpose of FOIL is to ensure accountability and foster an informed citizenry. By denying my FOIA request, the intent and spirit of FOIL may not be fully upheld.

Furthermore, the FOIA response did not provide a sufficient justification for denying access to the requested records. Merely stating that disclosure would constitute an unwarranted invasion of privacy is insufficient without specific details and a demonstrated balance of public interest. It is important to remember that the public's right to access information must be weighed against any potential privacy concerns, and a clear explanation is needed to support the denial.

I believe that the records I requested, specifically the Automated License Plate Reader (ALPR) data obtained through Flock Safety systems, serve a significant public interest. The use of ALPR data by law enforcement agencies has raised concerns regarding surveillance, civil liberties, and potential misuse. Access to this information allows for transparency, accountability, and informed public discourse on the balance between public safety and individual privacy rights.

Considering these points, I respectfully urge you to reconsider the denial of my FOIA request and provide access to the requested records, or alternatively, provide a more substantial justification for the denial. Upholding the principles of transparency and accountability is crucial in maintaining public trust in government institutions.

Thank you for your attention to this matter. I look forward to a prompt and comprehensive response to my appeal, ensuring a fair assessment of the public interest and the principles enshrined in the New York Freedom of Information Law.

Sincerely,

Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329

Subject: Appeal of FOIA Denial - Request Number: PD-2023-77

Dear Jasmin Davis,

I am writing to further support my appeal of the denial of my Freedom of Information Law (FOIA) request, as stated in your email. In addition to the relevant court cases mentioned in my previous letter, I would like to provide additional grounds for reconsideration.

Firstly, it is essential to note that the New York Freedom of Information Law (FOIL) itself is designed to promote transparency and provide the public with access to government records. The purpose of FOIL is to ensure accountability and foster an informed citizenry. By denying my FOIA request, the intent and spirit of FOIL may not be fully upheld.

Furthermore, the FOIA response did not provide a sufficient justification for denying access to the requested records. Merely stating that disclosure would constitute an unwarranted invasion of privacy is insufficient without specific details and a demonstrated balance of public interest. It is important to remember that the public's right to access information must be weighed against any potential privacy concerns, and a clear explanation is needed to support the denial.

I believe that the records I requested, specifically the Automated License Plate Reader (ALPR) data obtained through Flock Safety systems, serve a significant public interest. The use of ALPR data by law enforcement agencies has raised concerns regarding surveillance, civil liberties, and potential misuse. Access to this information allows for transparency, accountability, and informed public discourse on the balance between public safety and individual privacy rights.

Considering these points, I respectfully urge you to reconsider the denial of my FOIA request and provide access to the requested records, or alternatively, provide a more substantial justification for the denial. Upholding the principles of transparency and accountability is crucial in maintaining public trust in government institutions.

Thank you for your attention to this matter. I look forward to a prompt and comprehensive response to my appeal, ensuring a fair assessment of the public interest and the principles enshrined in the New York Freedom of Information Law.

Sincerely,

Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329