Emiliano Falcon-Morano v. Bristol County District Attorney's Office (SPR 20211781)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 27, 2021 SPR21/1781 Mary Lee, Esq. Assistant District Attorney Office of the District Attorney, Bristol District 888 Purchase Street New Bedford, MA 02740 Dear Attorney Lee: I have received the petition of Attorney Emiliano Falcon of the American Civil Liberties Union of Massachusetts (ACLUM) appealing the response of the Office of the District Attorney, Bristol District (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 23, 2021, Attorney Falcon requested various “records relating to the use of facial recognition technology by the Bristol County District Attorney’s Office.” The Office responded on April 6, 2021, and again on May 26, 2021, claiming to withhold certain records under Exemptions (d) and (f) of the Public Records Law, and claiming not to have records responsive to certain other parts of the request. Unsatisfied with the Office’s response, Attorney Falcon appealed, and this case was opened as a result. Subsequently, on July 23, 2021, the Office provided a supplemental response. In an email to the Office and this office on July 27, 2021, Attorney Falcon stated “[t]o the extent that the DA now contends that it’s citation to Exemption (f) was not intended to modify, explain, or otherwise apply at all to its response, ACLUM withdraws its appeal.” In light of Attorney Falcon’s July 27th email, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Emiliano Falcon, Esq. 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