Public Information Act Request - Face Recognition System Access
| Tracking # |
22-3488 |
| Submitted | Nov. 30, 2022 |
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Communications
From: Paul Tepper
To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
1. Any datasets, logs, or lists showing the law enforcement agencies with access to the Texas Department of Public Safety’s face recognition system (“FRS”) or with the ability to request searches of the FRS from January 1, 2020 to the date of the most recently available data. If the Department maintains this information in an Excel spreadsheet, I request that the record be produced in this format. If datasets, logs or lists are not available, please provide all available agreements with agencies that have access to the FRS, including all Memoranda of Understanding (MOUs) or other agreements with federal, state or local law enforcement agencies.
2. Any datasets, logs, or lists showing which agencies requested access and which agencies received access to the FRS from January 1, 2020 to the date of the most recently available data. Please provide all data and records of queries and requests for face recognition comparisons, including, as available, the requesting organization, the number of requests made, and the number of requests granted.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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,
Paul Tepper
From: Texas Department of Public Safety
Please see attached.
ML Calcote
Office of General Counsel
Texas Department of Public Safety
From: Paul Tepper
Ms. Calcote,
Thank you for the speedy response!
Texas Transportation Code §521.059 provides that the department collects “applicant facial image[s]”, uses “image comparison technology”, and uses “the image verification system…to aid other law enforcement agencies in…conducting an investigation….”.
TRANSP §730.007 permits the disclosure of “a person’s photographic image to…a law enforcement agency…for an official purpose;”
I would like to learn which law enforcement agencies used or have access to the image verification system or the Texas photo repository. My understanding is that law enforcement agencies submit probe photos, which are then compared with photos in the photo repository.
Are you saying that no law enforcement agency used or has access to the image verification system/photo repository or are you claiming an exemption from disclosure?
I appreciate your guidance.
Paul
From: Texas Department of Public Safety
Please see attached.
ML Calcote
Office of General Counsel
Texas Department of Public Safety
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Texas Public Information Act request, copied below, and originally submitted on Nov. 30, 2022. You had previously indicated that it would be completed on Jan. 3, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Texas Department of Public Safety
Mr. Tepper:
I am waiting on additional information from the Driver License Division so that I can provide you with an accurate cost estimate. The Department does not currently maintain a list of the information you have requested so one must be put together using the underlying records. I am working with the division to come up with the least costly way in which to provide the requested information. I will update you by close of business tomorrow January 5, 2023.
ML Calcote
Office of General Counsel
Texas Department of Public Safety
From: Texas Department of Public Safety
Please see attached.
ML Calcote
Office of General Counsel
Texas Department of Public Safety
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22-3488 Responsive record
From: Paul Tepper
Ms. Calcote,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Paul Tepper
From: Paul Tepper
I apologize for this delayed followup question. Does the number in the COUNT field indicate the number of face recognition searches conducted, the number of photos submitted for face recognition matching, or something else?
Thank you,
Paul
From: Texas Department of Public Safety
Here is the response that I received:
The COUNT field represents the counts of transactions by agencies. This is the number of requests submitted for a photo through image retrieval.
ML Calcote
Assistant General Counsel
Office of General Counsel
Texas Department of Public Safety
From: Paul Tepper
Thank you!
From: Paul Tepper
Sorry for my failing to understand completely. Do you mean simply asking for a photo based on a name or I’d number or looking for a match based on a submitted probe photo?
From: Texas Department of Public Safety
This is the response to your question.
The request submitted is for the agency to obtain the latest DL/ID photo on file.
ML Calcote
Assistant General Counsel
Office of General Counsel
Texas Department of Public Safety
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