Denver PD social media services

Good Afternoon:

Though you made the request below pursuant to the Colorado Open Records Act (CORA), Records of the Denver Police Department are criminal justice records, the disclosure of which is governed by the Colorado Criminal Justice Records Act (CCJRA), sections 24-72-301, et. seq. C.R.S. Except for records of "official actions," the disclosure of criminal justice records is discretionary and can be denied where the custodian believes disclosure would be contrary to the public interest. Section 24-72-305(5), C.R.S.

Pursuant to Harris v. Denver Post, 123 P.3d 116 (Colo. 2005), the following factors are used to determine whether a record should be released or withheld:

(a) the privacy interests of individuals, if any, who may be impacted by a decision to allow disclosure of the record;

(b) the agency's interest in keeping confidential information confidential;

(c) the agency's interest in the integrity of on-going investigations;

(d) the public purpose to be served in allowing disclosure of the record; and

(e) any other pertinent considerations relevant to the circumstances of the particular records
request, including whether disclosure would be contrary to the public interest.

The records you requested are not records of official action and therefore, their release is subject to a balancing of the factors above. Each portion of your request is copied below with a response following.

1. All records regarding the purchase of, acquisition of, installation of, subscription to, payment for, or agreements concerning software designed to access information from social media services;
Please find attached the following documents responsive to your request:

* Geofeedia Requisition 54448 and Purchase Order 5790;

* Geofeedia Invoice; and

* Geofeedia Funding Request.

2. All records that contain any information about the functioning of software designed to access information from social media services that is used or has been used by the Denver Police Department;

Any records containing information about the functioning of software would contain proprietary information. The Denver Police Department's interest in respecting the proprietary interests of the manufacturer outweighs any public purpose to be served by release of what materials, if any, may be in the custody of the DPD. Your request for those records is denied because we believe that it would be contrary to the public interest to release a manufacturer's proprietary information about the functioning of its software.

3. All records regarding correspondence about or with a company that offers software designed to access information from social media services, including but not limited to all correspondence about or with the companies Brightplaent, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX;

We charge $30 per hour for research, retrieval, review and redaction of records after the first hour. We have already exceeded the initial first hour in identifying records responsive to your request and any additional work will be subject to the $30 per hour fee. We estimate that it will take approximately 2 hours to retrieve, review and redact the records responsive to this portion of your request. Should you wish to proceed, please advise and I will prepare an Invoice for the $60 in costs which must be received prior to proceeding.

4. All records regarding the policies that govern access to or use of software designed to access information from social media services;

The current policy may be found in the Denver Police Department Operations Manual (available on line at denvergov.org/police) Section 110.06 Social Media.

5. All training materials and all records used to instruct members of your agency in the proper use of software designed to access information from social media services or of the information such software is capable of accessing;

Any records containing information about the training in the proper use of the software would contain proprietary information, as well as the Department's tactical, strategic investigative information. The Denver Police Department's interest in respecting the proprietary interests of the manufacturer and in keeping tactical, strategic investigative information confidential outweighs any public purpose to be served by release of what materials, if any, may be in the custody of the DPD. Your request for those records is denied because we believe that it would be contrary to the public interest to release records containing proprietary and tactical, strategic investigative information.

6. All records regarding the sharing with entities outside the Denver Police Department of information obtained from or obtained by using software designed to access information from social media services;

We are unaware of any records specifically responsive to this portion of your request.

7. All records referencing social media profiles, comments, posts, messages, or events accessed or retained from social media services through use of software designed o access information from social media services.

We have no ability to identify the records responsive to this request and furthermore, the information responsive would be viewed as confidential intelligence information.

Mary Dulacki | Records Administrator
Department of Public Safety| City and County of Denver
p: 720.913.6262 | mary.dulacki@denvergov.org
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