I am writing to you on behalf of the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union Foundation of Southern California (ACLU-SC) pursuant to the California Public Records Act.
EFF and ACLU-SC request records related to the Oakland Police Department’s (OPD) and any other Oakland agency's use of Automated License Plate Recognition (ALPR) tools and data.
Through this request, we seeks the following:
1. all ALPR data collected or generated between 12:01 AM on July 20, 2014 and 11:59 PM on July 27, 2014. This data should include, at a minimum, the license plate number, date, time, and location information for each license plate recorded;
2. any policies, guidelines, training manuals and/or instructions created at any time on the use of ALPR technology and the use and retention of ALPR data, including records on where the data is stored, how long it is stored, who has access to the data, and how they access the data.
This request applies to all documents in OPD or any other Oakland agency’s possession, including electronic records. It also includes documents that were created by a member of another government agency or a member of the public, including ALPR software and device manufacturers or vendors. If specific portions of any documents are exempt from disclosure, please provide the non-exempt portions.
Please respond to this request within ten days, either by providing all the requested records or by providing a written response setting forth the legal authority on which you rely in withholding or redacting any document and stating when the documents will be made available.
If I can provide any clarification that will help identify responsive documents or focus this request, please contact me at (415) 436-9333, extension 136 or firstname.lastname@example.org. Please note that the Public Records Act allows a member of the public to request records by describing their content, rather than asking for specific documents by name; an agency that receives such a request must “search for records based on criteria set forth in the search request.”
Because EFF and ACLU-SC are nonprofit organizations that make all information they receive through PRA and FOIA requests available to the public, I ask that you waive any fees. I also request that any records maintained in electronic format be provided in that same format, to avoid copying costs. However, should you be unable to do so, EFF and ACLU-SC will reimburse you for the direct costs of copying these records (if you elect to charge for copying) plus postage. If you anticipate that these costs will exceed $50, or that the time needed to copy the records will delay their release, please contact me so that I can arrange to inspect the document or decide which documents I wish to have copied. Otherwise, please copy and send them as soon as possible, and we will promptly pay the required costs.
Thank you for your time and attention to this matter.
Senior Staff Attorney
Electronic Frontier Foundation
815 Eddy St.
San Francisco, CA 94109