Facial Recognition - San Bernadino (CA)

Freddy Martinez filed this request with the San Bernardino County Sheriff of San Bernardino County, CA.
Tracking #

19-1012

Status
Completed

Communications

From: Freddy Martinez


To Whom It May Concern:

Pursuant to the California Public Records 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.

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.
• Data: Documents sufficient to describe the source of photos for facial recognition which may include your agency booking photos, other agency booking photos as well as DMV photos. Documents sufficient to show the number of photos in your facial recognition database. Documents that describe the data retention policy of your agency for facial recognition. Documents describing where your agencies use facial recognition technology including at county jails, on body worn cameras, fixed surveillance cameras etc.

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 10 calendar days, as the statute requires.

Sincerely,

Freddy Martinez

From: San Bernardino County Sheriff

San Bernardino County

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Hi there

Your first San Bernardino County record request (request number #19-1012) has been submitted.
It is currently unpublished and is not available for the general public to view.

As the requester, you can always see the status of your
request by signing into the San Bernardino County Public Records
portal here.

If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #19-1012.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Bernardino County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Bernardino County Sheriff

San Bernardino County

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Hi there

A message was sent to you regarding record request #19-1012:

Dear Mr. Martinez:

 

The San Bernardino County Sheriff’s Department (“Department”) is in receipt of your Public Records Act request. 

Pursuant to Government Code section 6253(c), we are requesting an extension of fourteen (14) days to review your request. We will contact you again on or before November 8, 2019 and provide you with an updated status.

 

Sincerely, 

San Bernardino County Sheriff's Department

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Bernardino County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From:

Hi,
Thanks for reaching out. This is actually an email address for technical support for the site and we aren't directly involved in responding to requests.
To inquire about the status of your request, reply directly to one of the notifications you received where it says -- Reply ABOVE THIS LINE to post an INTERNAL message that will be sent to staff. Attach a non-image file to have it uploaded to the request as a staff-only document. --
You can also reach out to Muckrock directly to ask for an update on your request. 
Best, Leah

From: San Bernardino County Sheriff

San Bernardino County

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Hi there

Documents have been released for record request #19-1012 along with the following message:

Dear Mr. Martinez, The San Bernardino County Sheriff’s Department (“Department”) has concluded its review of your PublicRecords Act request seeking records related to artificial intelligence, machine learning, or facial recognition technology currently or historically in use. Some of the records you have requested contain confidential information and/or communications exempt from Public Records Act disclosure. Your request includes within its scope records covered by the deliberative process privilege. This privilege is based on the policy of protecting decision-making process, and the recognition that public officials need to have access to a range of opinions and points of views and to discuss matters in confidence before making decisions or taking action. (Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1344-1346; Cal. First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159, 171-172; Rogers v. Superior Court (1993) 19 Cal.App.4th 469.) Finally, investigative records are confidential and exempt from Public Records Act disclosure. Government Code section 6254(f) exempts from disclosure “any investigatory…files compiled by any…local agency for…law enforcement…purposes.” These records are exempt from disclosure, whether or not the prospect of enforcement proceedings is concrete and definite (Haynie v. Superior Court (2001) 26 Cal. 4th 1061, 1069; Black Panther Party v. Kehoe (1974) 42 Cal.App.3d645, 654; Younger v. Berkeley City Council (1st Dist. 1975) 45 Cal.App.34 825, 833; American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440), and remain protected from disclosure, even after an investigation has concluded. (Williams v. Superior Court (1993) 5 Cal.5 4th 337, 355-362.) Regarding training, employees using the system were sent to a 24 hour FBI training course from 6/19/18 through 6/21/18. Finally, we have withheld documents protected by the attorney-client privilege. Without waiving the foregoing objections, exemptions or privileges, the Department has made a good faith effort to locate responsive, non-exempt, non-confidential material. The San Bernardino County Sheriff’s Department.

* 4100036767 Integrated Biometrics Quote_Redacted.pdf

* 4100036767 Purchase Order.pdf

* 4100036767 Request for Purchase_Redacted.pdf

* 4100036767 Unitek Quote_Redacted.pdf

* 4100058420 Board Agenda Item.pdf

* 4100058420 DataWorks Quote.pdf

* 4100058420 Purchase Order.pdf

* 4100096729 DataWorks Quote.pdf

* 4100096729 Purchase Order.pdf

* 4100096729 Request for Purchase_Redacted.pdf

* 4100097737 Asset Substitution Request.pdf

* 4100097737 DataWorks Quote.pdf

* 4100097737 Idemia Quote.pdf

* 4100097737 Purchase Order.pdf

* 4100097737 Tascent Quote Accompanying Email_Redacted.pdf

* 4100097737 Tascent Quote.pdf

* 4100097737 Vendor 5-year Price Comparison.pdf

* Additional Documents.pdf

* Facial Recognition TP.DOCX

* Purchase Orders List.xlsx

* 4100031064 Dataworks Quote.pdf

* 4100031064 Purchase Order.pdf

* 4100031064 Request for Purchase_Redacted.pdf

* 4100036767 DataWorks Quote.pdf

Document links are valid for one month.
After December 19, you will need to sign in to view the document(s).

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Bernardino County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

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From: San Bernardino County Sheriff

San Bernardino County

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Hi there

Record request #19-1012 has been closed. The closure reason supplied was:

This request has been fulfilled. 

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Bernardino County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

From: San Bernardino County Sheriff

Use this to confirm your account. The link is only valid for 24 hours.

San Bernardino County

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Hello Freddy Martinez!
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Magic link: https://sanbernardinocounty.nextrequest.com/users/confirmation?confirmation_token=8BG8azhiueMTx1TUDp8x

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