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Predpol documents, Santa Cruz

Caroline Haskins filed this request with the Santa Cruz Police Department of Santa Cruz, CA.
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Completed

Communications

From: Caroline Haskins


To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Recent media reports suggest that the Santa Cruz Police Department has made use of or will make use of Predpol predictive policing software (https://boingboing.net/2018/10/30/el-monte-and-tacoma.html), as the department has a Predpol login portal (https://sc.predpol.com/login/).

Therefore, I am requesting the following records related to the above program:

* Any software and algorithms developed for the implementation of the program. I'm particularly interested in any algorithms that have a public policy outcome, such as providing guidance on a policy or an assessment of an individual. More generally, I would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program. This would include original source code, any compiled binaries (also known as executables), spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. It would also include the input training data for machine learning algorithms. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs.

* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.

* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.
* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By “validation study,” I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.

* For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It will be used in the course of reporting for Motherboard, VICE’s science and technology website (www.motherboard.vice.com).

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,

Caroline Haskins

From: Office Of The City Manager

Good afternoon,

This email is in response to your public records request addressed to Santa Cruz Police Department requesting information from the City of Santa Cruz as detailed below. Your request was received by the Police Department on November 2, 2018. The request was routed to the City Clerk's office on November 8, 2018 for processing.

Requested Records:

"Please see attached"

Please find attached the responsive records. In addition, below you will find the responses to the bullet points found within your request.

* Any software and algorithms developed for the implementation of the program. l'm particularly interested in any algorithms that have a public policy outcome. such as providing guidance on a policy or an assessment of an individual. More generally, l would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program . This would include original source code, any compiled binaries (also known as executables). spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. It would also include the input training date for machine learning algorithms. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs. This is proprietary information held by PredPol. We do not have this information.

*All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software. See attachments

*A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage polices, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software. No records exist. We do not have a contract with Predpol.

*A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies. No such records exist

* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By "validation study" I mean any study designed to assess how accurate the program is in predicting what is supposed to predict, or to assess whether the program may err in the direction of either inder or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way. We do not hold any such records.

*For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material. We do not have a way to retrieve the data sets

Under the California Public Records Act (CPRA) you are entitled to copies of identifiable, non-exempt public records (Govt. Code section 6253). Please note that the CPRA requires the City to provide access to, or copies of, records responsive to your request which are in its possession, subject to certain exceptions. The CPRA does not require the City to provide information, answer questions, or create records which do not exist.

To the extent that any of the records you seek are attorney-client communications under the attorney-client privilege or are otherwise attorney-client privileged records, such records are exempt from disclosure under the CPRA pursuant to Government Code section 6254(k).

In addition, to the extent that any of the records you seek are drafts and notes that are not kept in the ordinary course of business for the City and which the City has determined that the public interest in withholding the record clearly outweighs the public interest in disclosure due to the particular details and nature of the records, such records are exempt from disclosure under the CPRA pursuant to Government Code section 6254(a). Also given the particular details and nature of certain records that you seek, to the extent that such records involve communications to decision makers within the City for which final decisions have not yet been made and final actions have not yet been taken and/or the City has determined that the public interest in withholding the record clearly outweighs the public interest in disclosure, such records are exempt from disclosure under the CPRA pursuant to Government Code section 6255.

If you have any questions, please feel free to contact me.
Kelly Thompson
Records Coordinator
City of Santa Cruz
831-420-5034

Public Records Requests may be submitted online via the Public Records Request form, by email to
kthompson@cityofsantacruz.com<mailto:kthompson@cityofsantacruz.com>, or by hard copy form available at the City Clerk's Office located at 809 Center Street, Room 9, Santa Cruz, CA 95060.

Please note: Public Record Act Requests submitted via email, fax, USPS, or dropoff after 5:00 p.m. on a business day, Saturdays, Sundays, or holidays will be processed as received on the next open business day. The 10-day response period begins when the request is received.

From: Caroline Haskins

Hello, I am following up because I have not received a response within the time frame that the statute requires. Please acknowledge this note as soon as possible.

Thank you,
Caroline Haskins

From:

Please see below for our previous reply to your PRA. The prior email is attached as well, in addition to your request. Thank you.

Megan Patzke
Crime Analyst
831-420-5885
mpatzke@cityofsantacruz.com<mailto:mpatzke@cityofsantacruz.com>

From:

Please see below.

Megan Patzke

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