Peabody, MA ALPR

To Whom It May Concern:

Pursuant to the state Freedom of Information Act, G.L.M. c.66, §10, I hereby request the following records:

All documents relating to usage of Automated License Plate Recognition (ALPR) technology by Peabody Police Department, including but not limited to documents indicating:

-scope of ALPR deployment;
-purposes for which ALPR technology is employed;
-means of handling and storing ALPR data;
-extent and timeline for ALPR data storage; and
-protocols and extent of ALPR data sharing between PPD and other government agencies.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

Hello Sgt. McDaid:

I am in receipt of your letter rejecting our request for records related to Peabody Police Department's use of ALPR technology.

In that letter, you deny our request on the basis of MGL C4 S7 26(b), which reads:

Twenty-sixth, "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, unless such materials or data fall within the following exemptions in that they are:

[....]

(b) related solely to internal personnel rules and practices of the government unit, provided however, that such records shall be withheld only to the extent that proper performance of necessary governmental functions requires such withholding [....]

While you have referred to a section of Massachusetts law, your denial fails to explain how the records we requested satisfy 26(b) of the invoked portion. That is, the burden falls on your department to explain how "proper performance of necessary governmental functions requires such withholding." A number of police departments across the state have fulfilled an identical request without invoking an exemption. Please elaborate on the basis for denying our request in accordance with Massachusetts law.

Best,

Shawn Musgrave
MuckRock News

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Ms. McDaid:

I have received your response to my records inquiry.

Please confirm whether Peabody Police Department intends to reject the entirety of my records request (originally submitted Nov. 21, 2012 and copied for your convenience below). My original request covers a wide range of topics related to ALPR, many of which could not conceivably be considered to pertain either "solely to internal personnel rules and practices" or to "investigatory materials necessarily compiled out of the public view."

The vast majority of the other departments who received EOPSS funding for ALPR units have released documents related to ALPR in response to an identical request as was sent to Peabody Police Department. Furthermore, EOPSS itself and the US Department of Transportation have released documents related to ALPR acquisition and use in Massachusetts.

As I wrote in my last communication, the burden falls to your department to indicate how each component of my request falls within the invoked exemption.

I am primarily seeking documents related to Peabody's ALPR policy/guidelines, including policies/guidelines related to ALPR deployment, data collection, data retention and data storage. Given the pending state legislature bill that would impact precisely these aspects of ALPR usage by law enforcement, it is clear to me that these are legitimate topics for public disclosure.

Please let me know if I can clarify my request further. I look forward to your quick response, as this request is more than a month overdue.

Best,
Shawn Musgrave
MuckRock News

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To Whom It May Concern:

Pursuant to the state Freedom of Information Act, G.L.M. c.66, §10, I hereby request the following records:

All documents relating to usage of Automated License Plate Recognition (ALPR) technology by Peabody Police Department, including but not limited to documents indicating:

-scope of ALPR deployment;
-purposes for which ALPR technology is employed;
-means of handling and storing ALPR data;
-extent and timeline for ALPR data storage; and
-protocols and extent of ALPR data sharing between PPD and other government agencies.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Shawn Musgrave

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hello,

Despite a ruling on April 29, 2013 that Peabody Police must release the requested documents, the department has failed to send them or provide a specific plan for their release.

Please advise of how this situation will be remedied in line with the Massachusetts Public Records Law.

Best,
Shawn Musgrave
MuckRock

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hello,

The Peabody police indicate that they have not received notice of our successful appeal. Please resend notification as soon as possible so we can get the data we requested.

Best,
Shawn

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 21, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.