Emiliano Falcon-Morano v. Methuen, City of - Police Department (SPR 20200621)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 15, 2020 SPR20/0621 Captain Greg Gallant Methuen Police Department 90 Hampshire Street Methuen, MA 01844 Dear Captain Gallant: I have received the petition of Emiliano Falcon-Morano appealing the nonresponse of the Methuen Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on February 14, 2020, Mr. Falcon-Morano requested the following records regarding Clearview AI within the possession of the Department: • All communications, including text messages and emails, between or among any staff member or representative of the police department and any representative of any company that manufactures or sells any facial recognition product, including but not limited to Clearview AI; • All internal communications, including text messages and emails, referencing any company that manufactures or sells any facial recognition product or service, including but not limited to Clearview AI; • Records evidencing or describing any existing or potential relationship between the police department and all companies that manufacture or sell any facial recognition product, including but not limited to Clearview AI. These records include but are not limited to MOUs, purchase orders, RFPs, licensing agreements, invoices, non-disclosure agreements, project proposals, and other contracts; • Records referencing the operational effectiveness or accuracy rate of any of facial recognition service or product. These records include but are not limited to e- mails, handouts, PowerPoint presentations, advertisements, audits, and specification documents; 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

Captain Greg Gallant SPR20/0621 Page 2 April 15, 2020 • Training materials related to facial recognition products or services; • Policies and procedures pertaining to the use of facial recognition products or services, or the data they produce and; • Records relating to any public process, meeting, or debate about any facial recognition products or services. These include but are not limited to meeting agendas or minutes, public notices, analyses, and communications between the police department and elected officials. Claiming to not yet have received responsive records, Mr. Falcon-Morano petitioned this office and this appeal, SPR20/0621, was opened as a result. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Department in a response dated April 2, 2020 indicated that “the Department has replied to this records request.” Whereas the basis of this appeal was opened as a result of the lack of response by the Department in fulfilling Mr. Falcon-Morano’s request, I will consider this administrative appeal closed. Mr. Falcon-Morano may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Emiliano Falcon-Morano