Evidence of smart meter project's compliance with Seattle privacy practices

Phil Mocek filed this request with the Seattle City Light of Seattle, WA.
Tracking # C010636-030717
Status
Completed

Communications

From: Phil Mocek

To Whom It May Concern:

## Background ##

Seattle City Light ("SCL") have announced plans to replace more than 410,000 traditional electric meters with a network of remotely-addressable meters, to which it refers as "advanced meters." In SCL's Advanced Metering [Privacy Sheet][1], SCL stated that its "privacy practices are consistent with the City of Seattle Privacy Initiative" and that its new meter system's "network's security will ensure [SCL] are complying with City privacy guidelines."

[1]: <https://www.seattle.gov/light/ami/docs/Privacy-Topic_Sheet.pdf>

The [privacy statement][2] referenced in the aforementioned privacy sheet refers to a City of Seattle [privacy policy][3] that states that "city departments will adhere to the requirements of the Privacy Principles and Privacy Statement and will be held accountable for compliance to the commitments outlined in these documents. This includes obligations regarding: [...] Accountability: Maintaining documentation, available for public review and third-party monitoring, to evidence compliance with our privacy practices."

[2]: <https://www.seattle.gov/tech/initiatives/privacy>
[3]: <https://www.seattle.gov/Documents/Departments/InformationTechnology/privacy/PrivacyPolicyFINAL.pdf>

## Request for records ##

Seattle City Light ("SCL") have announced plans to replace more than 410,000 traditional electric meters with a network of remotely-addressable meters, to which it refers as "advanced meters." In SCL's Advanced Metering [Privacy Sheet][1], SCL stated that its "privacy practices are consistent with the City of Seattle Privacy Initiative" and that its new meter system's "network's security will ensure [SCL] are complying with City privacy guidelines."

[1]: <https://www.seattle.gov/light/ami/docs/Privacy-Topic_Sheet.pdf>

The [privacy statement][2] referenced in the aforementioned privacy sheet refers to a City of Seattle [privacy policy][3] that states that "city departments will adhere to the requirements of the Privacy Principles and Privacy Statement and will be held accountable for compliance to the commitments outlined in these documents. This includes obligations regarding: [...] Accountability: Maintaining documentation, available for public review and third-party monitoring, to evidence compliance with our privacy practices."

[2]: <https://www.seattle.gov/tech/initiatives/privacy>
[3]: <https://www.seattle.gov/Documents/Departments/InformationTechnology/privacy/PrivacyPolicyFINAL.pdf>

## Request for records ##

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request all documentation that evidences compliance with City of Seattle's privacy practices of Seattle City Light's "Advanced Metering" project (e.g., of advance metering policies, vendor contracts, equipment, related infrastructure, etc.)

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,

Phil Mocek

From: SCL_CityLight_PDR

03/07/2017

Dear Phil Mocek,
This acknowledges receipt of your public disclosure request C010636-030717 received on March 07, 2017 regarding:

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request all documentation that evidences compliance with City of Seattle's privacy practices of Seattle City Light's "Advanced Metering" project (e.g., of advance metering policies, vendor contracts, equipment, related infrastructure, etc.)

Pursuant to RCW 42.56.520, this is notification that the City of Seattle has received your public disclosure request and needs additional time to respond. At this time, the City anticipates that it will be able to provide the requested records or a first installment of records on or about April 7, 2017.

The City of Seattle has created the Public Records Request Center for submitting public records request. It is a web portal through which you can submit, monitor, correspond, and receive records related to public records requests. Please visit the City of Seattle Public Records Request Center where you can manage your profile and access your request. Your login ID is: muckrock@mycusthelp.net<mailto:muckrock@mycusthelp.net>. If a Public Disclosure Officer submitted your public disclosure request into the PRRC on your behalf, please login and complete your new user account by following these steps:
Access the Public Records Request Center Select 'Forgot my Password',
Enter your 'Login ID' (email address),
A temporary password will be sent to you via email,
Login with the temporary password,
You will be asked to create a new password
If you have any difficulty accessing your account, please do not hesitate to contact me.

Sincerely,

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Cantrell, Matt F

03/07/2017

Dear Phil Mocek,
This acknowledges receipt of your public disclosure request C010636-030717 received on March 07, 2017 regarding:

Pursuant to RCW Ch. 42.56 (Public Records Act), I hereby request all documentation that evidences compliance with City of Seattle's privacy practices of Seattle City Light's "Advanced Metering" project (e.g., of advance metering policies, vendor contracts, equipment, related infrastructure, etc.)

Pursuant to RCW 42.56.520, this is notification that the City of Seattle has received your public disclosure request and needs additional time to respond. At this time, the City anticipates that it will be able to provide the requested records or a first installment of records on or about April 7, 2017.

The City of Seattle has created the Public Records Request Center for submitting public records request. It is a web portal through which you can submit, monitor, correspond, and receive records related to public records requests. Please visit the City of Seattle Public Records Request Center where you can manage your profile and access your request. Your login ID is: muckrock@mycusthelp.net. If a Public Disclosure Officer submitted your public disclosure request into the PRRC on your behalf, please login and complete your new user account by following these steps:
Access the Public Records Request Center Select 'Forgot my Password',
Enter your 'Login ID' (email address),
A temporary password will be sent to you via email,
Login with the temporary password,
You will be asked to create a new password

If you have any difficulty accessing your account, please do not hesitate to contact me.

Sincerely,

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Cantrell, Matt F

Dear Mr. Mocek,

I am receiving notification that you are sending messages via the Public Records Request portal, however I am not receiving the actual message. Are you having difficulty accessing your account?

MATT CANTRELL
SEATTLE CITY LIGHT
(206) 684-7998

From: Phil Mocek

Dear Mr. Cantrell,

I received three e-mail messages from you regarding this request, each on Tuesday, March 7, 2017, dated 8:55:37 (Message ID <CY1PR09MB029938008B46C9C3215A7DC8F92F0@CY1PR09MB0299.namprd09.prod.outlook.com>), 8:56:54 (Message ID <CY1PR09MB029944C6EAEE2CCED618E3BEF92F0@CY1PR09MB0299.namprd09.prod.outlook.com>), and 9:55:13 (Message ID <CY1PR09MB02993D4E261112F21FECCF57F92F0@CY1PR09MB0299.namprd09.prod.outlook.com>). The first two appear at a glance to be identical, acknowledging my request, stating that you require additional time to complete the request (though without any explanation of the delay), and providing an estimated completion date of one month later.

Could you please provide justification for the delay, inform me of who is or will be processing my request, and provide an estimate of how much time is or will be dedicated to processing my request on a weekly basis?

Your third message reads, "I am receiving notification that you are sending messages via the Public Records Request portal, however I am not receiving the actual message. Are you having difficulty accessing your account?" I am unaware of any such portal, and although you did not specify to what account you meant to refer, I do not believe that I am currently having any problems with any accounts. I submitted my request on March 6, 2017, via e-mail to <citylight_pdr@seattle.gov>. Your responses have been addressed to <requests@muckrock.com> as I requested.

Anyone can view an archive of our correspondence, including each of the aforementioned e-mail messages, by browsing to <https://www.muckrock.com/foi/seattle-69/evidence-of-smart-meter-projects-compliance-with-seattle-privacy-practices-34469/>.

Cordially,
Phil Mocek

From: Cantrell, Matt F

Dear Mr. Mocek,

Thank you for responding to my question. The City of Seattle uses the Public Records Request Center portal to facilitate public disclosure requests. When I received your request, I entered it into the portal and sent correspondence through that. If you would like to use the portal for your public disclosure request, it can be found at: http://www.seattle.gov/public-records/public-records-request-center. I can send you instructions on how to access your account. If you would prefer to not use the portal, please let me know and I will make a note in your account to only contact you via email.

As to your questions, I will be processing your request. The timeframe provided is based on the time required by the record custodians to conduct a search, review of the records for exemptions applicable under the Public Records Act, RCW 42.56, determination if a third-party needs to be notified of the records to be released, and my current workload. I am sorry but I cannot give an estimation as to how much time I will be spending on your request per week because determination of that depends in part on the amount of work required on the other public disclosure requests I am working on.

Please let me know if you have any concerns or questions regarding your request.

Sincerely,

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Phil Mocek

Dear Mr. Cantrell,

I received your e-mail of March 10.

Please feel free to enter whatever you like into whatever system you like without notification to me. How to manage your workload is your decision to make. I do not at this time request access to any workflow management system you may be using.

I reiterate my request that you provide records I seek electronically, by e-mail attachment if available or CD-ROM if not.

Cordially,
Phil Mocek

From: Cantrell, Matt F

04/07/2017

Dear Phil Mocek,

Records in response to your public disclosure request C010636-030717 received on March 07, 2017 are now available to download. The cost for copies will be as follows:

Online delivery of files under 1 Gigabyte with a $.02 minimum charge: $0.02

Staff time to copy/attach a request at $.41 per minute with a two minute minimum: $0.82

Staff time to release records to Customer at $.41 per minute for each increment of 25 attachments.: $0.41

Total: $1.25

To pay online, please log into your Public Records Request Center account and locate your request in the 'My Records Request Center.' Selecting the 'Make Payment' button will route you to the City's secure online payment service. Please note that you will need to disable any popup blockers in order to make a payment using the system.

Once your payment has been approved, we will send you an email with instructions on how to download them. Note that the uploading of records is not an automatic process and your access to the records may take 1 - 2 business days after payment.

Let me know if you are unable to pay online and I will work with you on alternative ways to receive the records.

You have thirty (30) days from today's date to pay for your records. If the City does not receive your payment within this time period, your request will be considered abandoned, and you will need to submit a new request.

Sincerely,

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Phil Mocek

Dear Mr. Cantrell:

As I wrote when I filed my request, "I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not." Please e-mail the records as an attachment. Shall I mail you a check for the $1.25 fee you have assessed? Surely the processing of payment will be more costly than the amount you wish to charge to provide public access to these public records you have previously held unavailable to the public.

Cordially,
Phil Mocek

From: Cantrell, Matt F

Dear Mr. Mocek,

I am sorry you are having difficulty accessing your Public Records Request Center (PRRC) account. The PRRC is the system the City of Seattle uses to manage public records requests and to delivery requested records to the public, I would be happy to work with you to resolve any problems you have accessing your account for future requests.

As a courtesy and in consideration of your patience, I am waiving the normal fee associated with these records and providing them as attachments to this email.

With this email, your request is now complete and closed.

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Cantrell, Matt F

Dear Mr. Mocek,

I was informed this morning that there was an update to the AMI PIA record I sent you yesterday. I am attaching the final version of this record which conforms to the version available on the City's website, located at: http://www.seattle.gov/tech/initiatives/privacy. Thank you again for your patience.

Please note that for your future requests we will be processing them through the City of Seattle's Public Record Request Center portal. If you have any difficulty accessing your account at that time, please don't hesitate to contact me.

Sincerely,

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Phil Mocek

Dear Mr. Cantrell,

Thank you for waiving the previously-demanded fee of one and one quarter dollar. I received via e-mail four records: 1) A report detailing results of a privacy impact assessment (final version, undated), 2) a similar report (second version, undated, also labeled "final"), 3) an attachment to the PIA, and 4) a table of "considerations" related to privacy that arose as a result of the city's privacy review of the AMI program and of an independent audit of the program.

I find in these records no documentation of compliance by City Light's "advanced metering" project with City of Seattle's privacy practices. In fact, I find indication that numerous problems identified as part of the privacy evaluation have not been resolved. According to the records you provided, few, if any, of the concerns raised have been addressed, and few, if any, of the specific suggestions made for mitigation of privacy risk have been implemented. These records indicate that the earliest City Light intends to bring the program into compliance with privacy policies is June 30, 2017.

Can you confirm that you understood my request to be for documentation of City Light's publicly-stated claim of compliance with the city's privacy policies and that you searched for but were unable to find such documentation? During your search for responsive records, did you contact the author of the aforementioned statement in order to determine what led him or her to conclude that City Light are in such compliance? It seems to me that if such documentation does not exist, then statements made publicly by City Light staff about compliance of the AMI program with Seattle's privacy policies are very likely to be false, and I want to be confident that such records do not exist before asserting that City Light have falsely stated that the program is compliant with policy.

Also, along with the records, you offered sympathy for my "having difficulty accessing [my] Public Records Request Center (PRRC) account." Please note that I am experiencing no such difficulty. I do not have, and have never had, such an account. In fact, on March 3, I wrote to you that I did not at that time request access to any workflow management system you may have been be using.

Cordially,
Phil Mocek

From: Cantrell, Matt F

Dear Mr. Mocek,

Thank you for contacting me concerning your recent public disclosure request. I need additional time to review your previous request and current questions. I should have more information for you within the next couple of weeks.

MATT CANTRELL | PUBLIC DISCLOSURE ANALYST
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Cantrell, Matt F

Dear Mr. Mocek,

This email is concerning your request for:

...all documentation that evidences compliance with City of Seattle's privacy practices of Seattle City Light's "Advanced Metering" project (e.g., of advance metering policies, vendor contracts, equipment, related infrastructure, etc.)

and is in response to your questions:

Can you confirm that you understood my request to be for documentation of City Light's publicly-stated claim of compliance with the city's privacy policies and that you searched for but were unable to find such documentation? During your search for responsive records, did you contact the author of the aforementioned statement in order to determine what led him or her to conclude that City Light are in such compliance?

In gathering the records in response to your request, I spoke with the City's Privacy Program in Seattle IT, which administers the City Privacy Policy, Seattle IT Chief Technology Officer Michael Mattmiller, as well as the individuals in City Light who prepared the Privacy Impact Assessment. Per the Privacy Program, SCL complied with the Privacy Policy by completing a Privacy Impact Assessment and agreement to take certain additional steps by June 30, 2017, which is prior to the mass deployment of meters. The records you received are evidence of compliance with the Privacy Policy. The City of Seattle's Privacy Policy can be found at: http://www.seattle.gov/tech/initiatives/privacy<http://www.seattle.gov/tech/initiatives/privacy%23x58255>.

Seattle City Light is committed to protecting the privacy of our customers. CTO Michael Mattmiller has attempted to reach you to discuss the Privacy Policy and City Light's AMI; he has left you a couple of voicemails and attempted to respond to your statements via Twitter. I have confirmed with Mr. Mattmiller that he would be willing to answer any questions you have regarding the City of Seattle's Privacy Policy, or City Light's submitted Privacy Impact Assessment. Mr. Mattmiller can be reached at michael.mattmiller@seattle.gov<mailto:michael.mattmiller@seattle.gov> or (206) 233-7937.

Sincerely,

MATT CANTRELL | ASSISTANT PUBLIC DISCLOSURE OFFICER
CUSTOMER SERVICE, COMMUNICATIONS & REGULATORY AFFAIRS
[cid:image001.png@01D1109F.C8520D00]
matt.cantrell@ seattle.gov
TEL (206) 684-7998

From: Cantrell, Matt F

Cantrell, Matt F would like to recall the message, "Public Records Request #C010636-030717".

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