Michaela Roberta Martin Strout v. Boston, City of - Police Department (SPR 20251393)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 28, 2025 SPR25/1393 Christine O’Donnell, Esq. Assistant Corporation Counsel Office of the Legal Advisor Boston Police Department 1 City Hall Square Boston, MA 02201 Dear Attorney O’Donnell: I have received the petition of Attorney Michaela Strout, of the Committee for Public Counsel Services, appealing the nonresponse of the Boston Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 1, 2025, Attorney Strout requested the following records: [1] Records, including emails, that reflect whether, and to what extent, the Boston Police Department or its employees use “Artificial Intelligence” (“AI”) in the preparation of case-related materials. The preparation of case-related materials, as used herein, includes, but is not limited to, the following: police reports, supplemental reports, interview notes, review of body worn camera footage, transcripts, and expert witness materials. [2] Any and all policies, procedures, or trainings related to the Boston Police Department’s use of AI in the preparation of any case-related materials. [3] Any and all contracts between the Boston Police Department or any of its agents and any company that provides any AI-related service to the Boston Police Department, including, but not limited to, contracts with the company “Mark43”[.] [4] Identification of any other companies or services, regardless of the existence of a contractual relationship, utilized by the Boston Police Department for AI services in the preparation of any case-related materials, including, but not limited to, open access services such as “ChatGPT.” [5] Any and all data kept by the Boston Police Department related to the use of AI in the preparation of any case-related materials. 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

Christine O’Donnell, Esq. SPR25/1393 Page 2 May 28, 2025 Claiming to not yet have received responsive records, Attorney Strout petitioned this office and this appeal, SPR25/1393, 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 Strout with a response to her 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 the response to this office at pre@sec.state.ma.us. Attorney Strout 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: Michaela Martin Strout, Esq.