Kade Crockford v. Bristol County Sheriff's Office (SPR 20190629)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 8, 2019 SPR19/629 Lorraine Rousseau, Esq. Bristol County Sheriffs Office 400 Faunce Comer Road North Dartmouth, MA 02747 Dear Attorney Rousseau: I have received the petition of Kade Crockford of the American Civil Liberties Union of Massachusetts appealing the non-response of the Bristol County Sheriffs Office (Office) to a request for public records. G. L. c. 66, § 1O A; See also 950 C.M.R. 32.08(1 ). Specifically on March 7, 2019, Ms. Crockford requested identified records relating to the Bristol County Sheriffs Office and facial recognition products and services. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). March 261 Response Letter h In an email dated March 26, 2019, the Office expressed to Ms. Crockford that the "Office does not use facial recognition and does not have any plans at the present time for such. As such, no records exist which are responsive to your request." In response, Ms. Crockford asked if the Office searched their records as "[m ]any law enforcement agencies receive emails from face recognition companies, marketing their products." Based on a conversation with a member of the Public Records Division, it is my understanding that the Office reached out to Ms. Crockford for clarification in an email dated March 26, 2019. In the email, the Office states, "[m ]y understanding of your request is that you did not request marketing emails related to facial recognition technology. You requested records One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Lorraine Rousseau SPR19/629 Page 2 April 8, 2019 relating to plans for, acquisition and/or use of facial recognition technology. As such, we did not search for emails relating to facial recognition technology. Are you requesting emails relating to facial recognition technology as a new records request? If so, are you requesting such records from January 1, 2016 to the present or some other time period?" Conclusion In light of the Office's March 26th letter, as well as its communication with the requestor, this office encourages the Office and Ms. Crockford to communicate further to enable the Office to provide the requested public records. G. L. c 66, § IO(a)(i) (the request must reasonably describe the public record sought). Please be advised, the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). If unresolved issues remain, Ms. Crockford may appeal the substantive nature of the Office's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Kade Crockford