November 5, 2019
Dear Sir or Madam:
Pursuant to my rights under the California Public Records Act (Government Code §6250 et seq.) and the California Constitution, as amended by passage of Prop 59 on November 3, 2004, I am writing to request inspection of the following records:
- Any and all complaints, investigations or inquiries into the misuse, misappropriation or abuse of TACIDS, the mobile facial recognition technology overseen by SANDAG’s Automated Regional Justice Information System within the San Diego Police Department.
- A dataset of each person employed by the department that has used TACIDS and the frequency of each individual person from January 1, 2017 to the date this request has been fulfilled.
Please filter the data and records for the period of January 1, 2017, through the date this request is fulfilled.
I respectfully request a response within ten days, as statutorily required. Pursuant to Government Code §6253, the agency’s response must provide an estimate as to the time and date when the requested materials will be made available.
If any part of this request is ambiguous or does not match the nomenclature of your agency, I would appreciate your cooperation so I may narrow the requested description to facilitate your production with a minimum of expense or disruption on your part.
The exemptions under the CPRA are permissive, not mandatory. We ask you to waive any exemptions in the spirit of transparency. If you decide the public interest in nondisclosure outweighs the public interest in disclosure, I ask that you explain why that is, so I can pass that reasoning on to readers and the general public.
If you intend to claim an exemption under the statute for any of the records described above, I would appreciate (a) the production of documents or redacted documents that do not invoke that objection, and (b) a log of all documents described above for which you claim exemption, and for which you claim or have redacted portions – with the citation of the exemption claimed. Further, the notification of denial of any portion or all of my request must set forth the names and titles or positions of each person responsible for said denial pursuant to Government Code §6253(d).
I offer to pay for the reasonable reproduction costs of documents requested pursuant to law. If, however, that sum were to exceed $20, I would appreciate advance notice of that anticipated billing, its amount and projected basis.
In general, where one document includes the information identified above, you need not produce any other document that includes the same content. If public records responsive to this request are available in one or more non-paper formats (including, but not limited to, electronic, magnetic, or digital formats, whether found in computers, personal digital assistants, cell or smart phones, tablets, or any other electronic devices), please ensure that your response to this request includes production of all responsive records in non-paper formats, even if the records are also available in paper format, pursuant to Government Code §6253.9. If there are no records responsive to the requested materials, please confirm in writing that such records do not exist; and if responsive records used to exist but have been lost, stolen, or destroyed, please (i) identify the date of loss, theft, or destruction and (ii) provide a copy of all available evidence of the loss, theft, or destruction. Additionally, if the documentation you provide is not dated on its face but the date of the document(s) is readily available, I request that you provide this information. I am ready to visit your offices to inspect the files personally, at a mutually convenient time, in order to reduce your costs of compilation and my costs in duplicating documents.
Finally, should you deny part or all of this request, you are required to provide a written response describing the legal authority or authorities on which you rely. Please also address the question whether Prop 59 requires disclosure even though authorities predating Prop 59 may appear to support your exemption claim.
Thank you for your time and attention to this matter.
The San Diego Union-Tribune.