|Submitted||Jan. 22, 2020|
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To Whom It May Concern:
Pursuant to the Rhode Island Access to Public Records Act, I hereby request the following records:
The Electronic Frontier Foundation is conducting a survey of state agencies’ use of facial recognition (FR) technology. We intend this request to cover all facial recognition software, hardware, databases, and other technology used to search driver’s license and state identification records (Driver Services photo database).
We request the following records under the Rhode Island's Public Records Act:
1. Any manuals, memos, policies or other guidelines that the Department of Safety and Homeland Security or other relevant agency follows for using the FR system;
2. Formal or informal policies or rules followed by Department of Safety and Homeland Security personnel for running facial recognition searches requested by external entities, including, but not limited to, federal, state or local law enforcement agencies;
3. Any notices, memoranda, or other alerts provided by the Department of Safety and Homeland Security to external agencies about the ability to run or request facial recognition searches against the Driver Services photo database. This request includes, but is not limited to instructions, request forms, and other materials issued to external agencies regarding requests to conduct a facial recognition search against the Driver Services photo database;
4. Agreements or memoranda of understanding (MOUs) signed with external entities, including FBI or DHS, permitting those entities to run or request facial recognition searches against the photo database.
5. Any records relating to the sharing of biometric information or FR with the American Association of Motor Vehicle Administrators (AAMVA) or the National Law Enforcement Telecommunications System (NLETS), including, but not limited to, RFPs, responses to RFPs, agreements, contracts, correspondence, reports and invoices.
We request that where available and appropriate, responsive records are provided electronically in their native format (such as a CSV file), or as text-searchable PDFs, and that the parent/child relationship between records is preserved.
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 10 business days, as the statute requires.
To Whom It May Concern:
I wanted to follow up on the following Rhode Island Access to Public Records Act request, copied below, and originally submitted on Jan. 22, 2020. 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.
Dear Mr. Guariglia:
Your Access to Public Records Act (“APRA”) request dated January 22, 2020 was received by the Department of Revenue, Division of Motor Vehicles (“DMV”) on January 22, 2020 (email below). Pursuant to R.I. Gen. Laws §§ 38-2-3(e) and 38-2-7(a), the DMV is responding to your APRA request within ten (10) business days of receipt.
I consulted with the appropriate DMV personnel in preparing a response to your request. After conducting a thorough search of DMV records, it has been determined that there are no documents responsive to any of the five categories set forth in your APRA request.
Please be advised that R.I. Gen. Laws § 38-2-8 provides, inter alia, that a person or entity denied the right to inspect a record of a public body may petition the chief administrative officer of that public body (for DMV: Mark A. Furcolo, Director, Department of Revenue) for a review of the determinations made by his or her subordinate, may file a complaint with the Department of the Attorney General, or institute proceedings for injunctive or declaratory relief in the Superior Court of the county where the record(s) are maintained.
Bradford S. Booth, Esq.
Chief of Legal Services
Division of Motor Vehicles
600 New London Avenue
Cranston, Rhode Island 02920-3024
This e-mail and any attachments contain confidential and / or legally privileged information from the office of the State of Rhode Island, Department of Revenue Division of Motor Vehicles. It is intended only for the use of the named addressee(s). If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the contents of this e-mailed information is strictly prohibited and unauthorized. If you receive this e-mail in error, please immediately notify the sender by e-mail, telephone and permanently delete all copies of this e-mail and any attachments.
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