Government Surveillance Documentation - Westchester County Police Department (2020-2022)

Jordan Lassiter filed this request with the Westchester County Police Department of Westchester County, NY.
Tracking #

222-23

56‑1989

Status
Completed

Communications

From: Jordan Lassiter

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Dear Public Information Officer,

I am writing to submit a Freedom of Information Act (FOIA) request seeking specific digital and physical documents related to government surveillance programs operated by the Westchester County Department of Public Safety. This request covers the period from 2020 to 2022. The requested documents include, but are not limited to:

Digital Documents:
a. Policies, procedures, guidelines, and training materials regarding the use of specific facial recognition software or hardware (e.g., Clearview AI, NEC NeoFace) within the Real Time Crime Center and other relevant units of the Westchester County Department of Public Safety.
b. Records, contracts, and procurement documents related to the acquisition and use of license plate readers, including specific models or manufacturers employed by the department.
c. Protocols, authorizations, and any legal opinions governing the use of cell phone tracking devices, specifically Stingray or any other similar tools utilized by the department's surveillance units.
d. Internal reports, assessments, or audits evaluating the effectiveness, efficiency, or impact of government surveillance programs within the Real Time Crime Center and other relevant units.
e. Any emails, memos, or other digital communications discussing or mentioning government surveillance activities.
Physical Documents:
a. Manuals, handbooks, or printed guidelines outlining the permissible use of surveillance technologies by personnel within the Real Time Crime Center and other relevant units.
b. Copies of agreements, contracts, or memoranda of understanding with external entities regarding data sharing or access to surveillance technology.
c. Hard copies of reports, assessments, or audits conducted by the Westchester County Department of Public Safety or external entities regarding government surveillance programs.
d. Pamphlets, brochures, or printed materials used to inform the public about surveillance initiatives.
To ensure a comprehensive search, please include all relevant departments, units, and storage locations within the Westchester County Department of Public Safety, particularly focusing on the Real Time Crime Center and any other departments involved in government surveillance activities.

In compliance with applicable legal standards, I kindly request that you process this FOIA request in a manner consistent with the public's right to access information regarding government surveillance programs. Please note that the claim that disclosure would interfere with government operations must be supported by specific and demonstrable evidence.

Additionally, I request that you provide an index of any documents that are redacted or withheld in whole or in part. The index should include the title or description of each document, the specific exemption(s) applied, and the justification for each redaction or withholding.

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,

Jordan Lassiter

From: Westchester County Police Department

Mr. Jordan Lassiter:

This letter acknowledges receipt of your FOIL request for records regarding FOIL 222-23 (See attachment for full description) in accordance with Article 6, § 84 et seq. of the New York Public Officers Law (hereinafter “FOIL”) and Act No. 56‑1989 of Westchester County.

A diligent search of our records is being undertaken to locate the materials that you are seeking. You will receive a reply as to what is available to you by July 30th, 2023.

You may appeal this decision within 30 days of this letter by furnishing a copy of your request to the Westchester County Attorney, Mr. John M. Nonna, Room 600, Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601. FOIL-Appeals@westchestergov.com

If you have any other questions, please contact the undersigned at (914) 864-7676.

Respectfully,

Sgt. Jose Calero
Westchester County Police
Records Unit Supervisor
1 Saw Mill River Parkway
Hawthorne, NY 10532
(914) 864-7676
jacj@westchesterCountyNY.gov

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Westchester County Police Department

Reminders have been sent to the unit that may possess this documentation, and my office has been informed that they are forthcoming. Please note that the reference number assigned is 222-23 and the estimated time of completion remains July 30th, 2023.

From: Westchester County Police Department

Mr. Lassiter,

You may be confusing the estimated time of completion of your previous FOIL 221-22 (which is today June 30th, 2023) with this one 222-23 (which remains July 30th, a month from now) If I receive the documents prior to that date I will make sure to forward them as soon as possible.

Respectfully,

Sgt. Jose Calero
Westchester County Police
Records Unit Supervisor
1 Saw Mill River Parkway
Hawthorne, NY 10532
(914) 864-7676
jacj@westchesterCountyNY.gov

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Westchester County Police Department

Mr. Lassiter,

Attached are the documents responsive to your request.
Digital Documents:
a. Policies, procedures, guidelines, and training materials regarding the use of specific facial recognition software or hardware (e.g., Clearview AI, NEC NeoFace) within the Real Time Crime Center and other relevant units of the Westchester County Department of Public Safety.
-Department Policy on Use of Computer Material
-No other material exist

b. Records, contracts, and procurement documents related to the acquisition and use of license plate readers, including specific models or manufacturers employed by the department.
Purchase Orders, NYS Contract attached

c. Protocols, authorizations, and any legal opinions governing the use of cell phone tracking devices, specifically Stingray or any other similar tools utilized by the department's surveillance units.
-Does not exist

d. Internal reports, assessments, or audits evaluating the effectiveness, efficiency, or impact of government surveillance programs within the Real Time Crime Center and other relevant units.
-Does not exist

e. Any emails, memos, or other digital communications discussing or mentioning government surveillance activities.
-Does not exist
Physical Documents:
a. Manuals, handbooks, or printed guidelines outlining the permissible use of surveillance technologies by personnel within the Real Time Crime Center and other relevant units.
b. Copies of agreements, contracts, or memoranda of understanding with external entities regarding data sharing or access to surveillance technology.
c. Hard copies of reports, assessments, or audits conducted by the Westchester County Department of Public Safety or external entities regarding government surveillance programs.
d. Pamphlets, brochures, or printed materials used to inform the public about surveillance initiatives.
-No physical documents exist, see above

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