Photographs of protesters arrested at St. Louis courthouse

Kate Conger filed this request with the Department of Homeland Security of the United States of America.
Status
Completed

Communications

From: Kate Conger

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

On August 10, 2015, USA Today reporter Yamiche Alcindor observed St. Louis city police officers and Federal Protective Service agents arresting and taking photos with Cornel West [https://twitter.com/Yamiche/status/630808563905097728; https://twitter.com/Yamiche/status/630825390618071040]. I request copies of these images, as well as any other images taken of other activists during arrests on Aug. 10. Please note that I seek all records including video, audio and/or photographic files, including metadata, and that such records may be stored on employees' personal or official work devices.

If images are denied in whole or in part, please specify which exemption(s) is claimed for each image denied. I request that excised material be “blacked out” rather than “whited out” or cut out and that the remaining non-exempt portions be released as provided under the Freedom of Information Act. Please send a memo (with a copy or copies to me) to the appropriate unit(s) in your office to assure that no records related to this request are destroyed. Please advise of any destruction of records and include the date of and authority for such destruction. As I expect to appeal any denials, please specify the office and address to which an appeal should be directed.

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 fees cannot be waived, 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 20 business days, as the statute requires.

Sincerely,

Kate Conger

From: FOIA, NPPD

Dear Ms. Conger:

Re: 2015-NPFO-00423

This acknowledges receipt of your Freedom of Information Act/Privacy Act (FOIA/PA) request to the Department of Homeland Security (DHS), dated August 11, 2015, and seeking all documents regarding the protesters arrested in St. Louis courthouse. Your request was received in this office on same date.
An individual’s request for information pertaining to him/her is processed under both the FOIA and the PA to afford maximum access to records. Because you have asked for copies of records about yourself, we must verify your identity to ensure that your personal information is not released to anyone other than you. The DHS regulations, 6 CFR Part 5 §5.21(d), require verification of your identity, including your full name, current address and date and place of birth. In addition, your request must be made in writing, must contain your signature, and should either be notarized or contain a statement made under penalty of perjury as permitted by 28 U.S.C. 1746. Because you have not provided this documentation, your request is not a proper FOIA/PA request, and we are unable to initiate searching for responsive records.
For your convenience, I have attached a Certification of Identity form that can be used to satisfy the requirements of a perfected FOIA/PA request, as stated in the second paragraph of this letter. You must complete this form and return it to our office before we can initiate a search for records. It does not have to be notarized. It may be faxed to 703-235-2052. If we do not receive the completed form within 10 business days from the date of this letter, we will assume that you no longer require the information requested, and your request will be administratively closed.

If you have any questions please call 703-235-2211

Regards,

Catherina Salini
FOIA Program Specialist
Main: 703-235-2211
Fax: 703-235-2052

Warning: This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information such as found under 49 CFR 1520 or the Privacy Act of 1974. It should not be communicated to any person, or agency, unless disclosure is in performance of official DHS duties and there exists a valid need to know. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message.

From: Kate Conger

Hello Ms. Salini,

It seems that my request has been misinterpreted. I am not seeking "all documents regarding the protesters arrested in St. Louis courthouse," as you stated, nor am I requesting information pertaining to myself.

I am seeking all photographs, video, and audio records, including metadata, taken or collected by Federal agents, including but not limited to the Federal Protective Service, on August 10, 2015 in St. Louis, MO, in connection with a protest at the St. Louis courthouse. I am seeking these records in my capacity as a journalist.

I hope this clarifies the request. Please let me know when the search for responsive records has been initiated.

From: FOIA, NPPD

Thank you for the clarification

V/R

Catherina Salini
FOIA Program Specialist
Main: 703-235-2211
Fax: 703-235-2052

Warning: This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information such as found under 49 CFR 1520 or the Privacy Act of 1974. It should not be communicated to any person, or agency, unless disclosure is in performance of official DHS duties and there exists a valid need to know. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message.

From: FOIA, NPPD

Christian Spencer

Good Afternoon:

Attached is our final response to your Freedom of Information Act request dated August 11, 2015.

If you have any questions or need further assistance this office can be reached via this email address or by calling 703-235-2211.

Thank you and have a nice day.

Sincerely,

Sandy Ford Page
Chief, FOIA Operations
National Protection and Programs Directorate
Department of Homeland Security

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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