Emiliano Falcon-Morano v. Massachusetts State Police (SPR 20231792)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 15, 2023 SPR23/1792 Allison Mondello Public Records Manager Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Emiliano Falcon-Morano, Esq., of the American Civil Liberties Union of Massachusetts, Inc., appealing the nonresponse of the Department of State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 16, 2023, Attorney Falcon-Morano requested the following records: [1.] Manuals, policies, procedures, and practices pertaining to the acquisition of location data; [2.] All records pertaining to the acquisition of location data, including but not limited to contracts, procurement documents, brochures, company correspondence, emails, text messages, and memoranda; [3.] All records referencing or describing privacy or other concerns about the acquisition of location data, including but not limited to emails, text messages, and memoranda; [4.] Any internal policy referencing or pertaining to the acquisition of location; [5.] All communications between employees of the State Police and representatives of any private vendor or company offering location data; [6.] All communications between employees of the State Police and other government agencies pertaining to the acquisition and use of location data; [7.] All audits, annual reports, and other administrative reports referencing the acquisition of location data. This request includes but is not limited to all records containing or pertaining to: 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

Allison Mondello SPR23/1792 Page 2 August 15, 2023 a. Statistics and other reports describing when location data was acquired; b. Statistics and other reports reflecting how location data acquired was used; c. Statistics and other reports reflecting from whom location data was acquired; and d. Statistics and other reports reflecting how acquired location data was shared and with whom; and [8.] Records referencing or describing legal analysis pertaining to the acquisition of location data. Claiming to not yet have received responsive records, Attorney Falcon-Morano petitioned this office and this appeal, SPR23/1792, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Falcon-Morano with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney 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, Manza Arthur Supervisor of Records cc: Emiliano Falcon-Morano, Esq.