E-Zpass data and locations

Dear Mr. Gregg:

This responds to your request dated February 12, 2019 to the Delaware Department of Transportation ("DelDOT") pursuant to the Delaware Freedom of Information Act, 29 Del. C. §§10001-10007 ("FOIA").

First, FOIA provides for access to public records for citizens of the state of Delaware. Accordingly, because you do not appear to be a Delaware citizen, you do not have a guaranteed right under FOIA to access State of Delaware public records. See Del. Op. Att'y Gen. 16-IB20 (2016) (finding that the denial of a FOIA request by a non-Delaware citizens was not a violation of FOIA because the word "'citizen,' as used in Section 10003(a), refers to citizens of the State of Delaware.").

Second, the records you have requested (law enforcement, legal, private investigative, and other formal and informal requests) are exempt from disclosure pursuant to 29 Del. C. §10002(l)(3) which exempts "[i]nvestigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files, pretrial and presentence investigations and child custody and adoption files where there is no criminal complaint at issue." See Att'y Gen. Op. 04-IB04 (Feb. 27, 2001).

Third, the records you have requested are not considered public records pursuant to FOIA. Specifically, 29 Del. C. §10002(l)(6), exempts from disclosure under FOIA "[a]ny records specifically exempted from public disclosure by statute or common law." The information you requested is exempted from public disclosure pursuant to 21 Del. C. §305, which limits the release of personal information by the DMV. Section 305 of Title 21 of the Delaware Code specifically provides that "...the Division of Motor Vehicles and any officer, employee or contractor thereof or any other person shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the Division in connection with a motor

Finally, in accordance with all specified exemptions stated above, DelDOT is denying your request.

Sincerely,

Kristin Schaap
Paralegal II
Legal Department
Department of Transportation
800 Bay Road
P.O. Box 778
Dover, DE 19903
Kristin.Schaap@delaware.gov
[Please note new email address effective 1/28/19]

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Dear Mr. Gregg,

Thank you for providing me with your address.

Can you please clarify what you are looking for in regards to “all non-law enforcement related records”?

Also, Delaware only has E-ZPass readers at toll plazas and various, marked exits. Are you looking for all the exit locations installed with E-ZPass readers? If not, there are not any readers at any other locations in Delaware.

Thank you,

Kristin Schaap
Paralegal II
Legal Department
Department of Transportation
800 Bay Road
P.O. Box 778
Dover, DE 19903
(302) 760-2021
Kristin.Schaap@delaware.gov
[Please note new email address effective 1/28/19]

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This message may contain CONFIDENTIAL and/or LEGALLY PRIVILEGED information intended only for the addressee (s). If you received this email in error or if the information contained in this email was sent in error, please notify the sender immediately by replying to this email, then delete this communication and any attachment (s) immediately from your system. Any unauthorized reading, distributing, or copying of this message is prohibited.

Dear Mr. Gregg:

This responds to your request dated February 12, 2019, then follow-up request on February 22, 2019 to the Delaware Department of Transportation (“DelDOT”) under the Delaware Freedom of Information Act, 29 Del. C. §§10001-10007 (“FOIA”).

The below information is in regards to your request and was provided by DelDOT’s Traffic section:

1. E-ZPass Exit Locations (credit card readers):
Boyd’s Corner off ramp from SR1 south, Boyd’s Corner on ramp getting onto SR1 north, South Smyrna on ramp getting onto SR1 south, South Smyrna off ramp getting off of SR1 north, Denney’s Road on ramp getting onto SR1 south, and Denney’s Road off ramp getting off of SR1 north. These are ramps that are associated with ramp plazas.

2. “White/beige square (directional) antennas pointing directly into traffic.”

The devices you described in your request are not E-ZPass readers, they are Wavetronix detectors, which can be read about at https://www.deldot.gov/Publications/brochures/pdfs/ITMS/Radar_Traffic_Detector_System.pdf.
Also, the product specification sheet can be found at http://www.signalcontrol.com/products/wavetronix/Wavetronix_SmartSensor_HD.pdf .

I’ve attached a map of the Wavetronix locations to this email.

3. Bluetooth Detection Devices and Policy
Information on Bluetooth detection devices can be read about here https://www.deldot.gov/Publications/brochures/pdfs/ITMS/Bluetooth_System_Travel_Time.pdf. I’ve attached a map of the Bluetooth detection stations to this email.

DelDOT does not currently have a data policy for Bluetooth Detection Devices, so we are collecting and storing data indefinitely. DelDOT is moving towards a cloud based service in the future to better manage this system

The Bluetooth data, or more specifically the MAC addresses, are anonymized by the vendor before DelDOT can see them. Basically, scrambling and making the actual addresses un-retrievable before we receive them. We are then provided with fake MAC address we can use for origin-destination studies.

4. Automatic Traffic Recorders (ATR):

There are four primary configurations of ATRs. They are count only, which simply counts vehicles. Count and Speed, which counts vehicles and determines per vehicle speeds. Count, Speed and Class, which counts vehicles, determines per vehicle speeds, and vehicle classes (types). Count, Speed, Class and WIM (Weigh In Motion). The final configuration does everything the previous configurations do, and they determine the individual weight of trucks while at highway speeds. None of the data, from any configuration, has vehicle identifiers. It is not possible to associate any of the collected data with any specific vehicle. As to component parts, there is a CPU (Central Processing Unit- See attachment), induction loops, and piezo electric sensors. The various configurations use essentially the same parts but in different layouts.

I’ve attached the ATR company’s product page and ATR locations within Delaware.

In regards to your request for “E-ZPass policies,” this portion requires legal review and DelDOT will need 5 additional business days to review these documents.

Sincerely,

Kristin Schaap
Paralegal II
Legal Department
Department of Transportation
800 Bay Road
P.O. Box 778
Dover, DE 19903
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This message may contain CONFIDENTIAL and/or LEGALLY PRIVILEGED information intended only for the addressee (s). If you received this email in error or if the information contained in this email was sent in error, please notify the sender immediately by replying to this email, then delete this communication and any attachment (s) immediately from your system. Any unauthorized reading, distributing, or copying of this message is prohibited.

Dear Mr. Gregg,

This responds to your request dated February 12, 2019, then follow-up request on February 22, 2019, to the Delaware Department of Transportation (“DelDOT”) under the Delaware Freedom of Information Act, 29 Del. C. §§10001-10007 (“FOIA”).

First, pursuant to 29 Del. C. §10002(l)(2), a portion of these records have been redacted for “[t]rade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature.”

Second, certain of the information requested has been redacted. 29 Del. C. §10002(I)(17)(a)(7) exempts from disclosure “[i]nformation technology (IT) infrastructure details, source code, logical and physical design of IT systems and interfaces, detailed hardware and software inventories, network architecture and schematics, vulnerability reports, and any other information that, if disclosed, could jeopardize the security or integrity of an information and technology system owned, operated or maintained by the State or any public body subject to the requirements of this chapter.”

As all public, nonexempt records have been provided, this FOIA request is now closed.

Sincerely,

Kristin Schaap
Paralegal II
Legal Department
Department of Transportation
800 Bay Road
P.O. Box 778
Dover, DE 19903
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This message may contain CONFIDENTIAL and/or LEGALLY PRIVILEGED information intended only for the addressee (s). If you received this email in error or if the information contained in this email was sent in error, please notify the sender immediately by replying to this email, then delete this communication and any attachment (s) immediately from your system. Any unauthorized reading, distributing, or copying of this message is prohibited.