Letter From ACLU of Florida Seeking Information on Use of Facial Recognition In Tampa

November 27, 2001
Via Facsimile Transmission and First Class Mail

Kirby C. Rainsberger, Assistant City Attorney
City of Tampa Police Department
One Police Center
411 N. Franklin Street
Tampa, FL 33602

Dear Mr. Rainsberger:

To date you have not responded to the ACLU's August 2, and October 19, 2001, Fla. Stat. Chapter 119 document requests. Copies of those requests are enclosed.

If we do not receive a response by the end of this week, we will prepare a law suit to compel compliance with Florida Law.

Sincerely,

Randall C. Marshall
[Legal Director, ACLU of Florida]

Enclosures.

October 19, 2001

Kirby C. Rainsberger, Assistant City Attorney
City of Tampa Police Department
One Police Center
411 N. Franklin Street
Tampa, FL 33602 

Dear Mr. Rainsberger:

 To date you have not responded to our August 2, 2001, document request. A copy of the request is enclosed.

Please let us know immediately whether the City of Tampa will comply with this request without the need for legal action.

Sincerely,

Barry Steinhardt               Howard L. Simon
Associate Director           Executive Director
ACLU National Office     ACLU of Florida 

 Enclosure.

August 2, 2001

Kirby C. Rainsberger, Assistant City Attorney
City of Tampa Police Department
One Police Center
411 N. Franklin Street
Tampa, FL 33602

Dear Mr. Rainsberger:

We are writing in regards to video surveillance and biometric identification systems that are employed by the City of Tampa. Our inquiry is prompted by, but not limited to, the use of several dozen surveillance cameras in the Ybor City area, which are linked to facial recognition system that match the facial images of people scanned by the cameras with images in one or more photographic databases.

In order to help determine the effect that this system will have on individual privacy, pursuant to Fla. Stat. 119.01(4), we request any and all documents in the possession of Tampa city officials regarding the use of video cameras and facial recognition technology by Tampa City Officials and those working in concert with Tampa officials. This request includes, but is not restricted to facial recognition surveillance operations in the Ybor City area.

Our request includes, but is not limited to, any and all documents regarding the following:

· the decision making process that Tampa city officials used to employ facial recognition surveillance systems, including, but not restricted to all documents between Tampa city officials and the private companies providing these systems, memoranda, notes of meetings, reports, evaluations of the reliability and accuracy of these systems, documents pertaining to the City of Tampa's review and approval of the use of the surveillance system, documents reflecting that the decision to utilize the system was authorized by Tampa city officials or any other governmental entity, and correspondence, contracts and communications between Tampa city officials and third parties (including, but not restricted to vendors) regarding the use of these systems;

· the locations of all cameras that have been deployed as part of these systems;

· the technical capabilities of these systems, including, but not limited to documents on the total capacity of the system, the total number of images that can be contained within the photo database, the accuracy rates of the system while in operation, the infrared capabilities of these systems, system effectiveness at night, and system usage during nights and weekends;

· any documents related to procedures, instructions and training of any and all Tampa personnel involved in the operation, planning , implementation and procurement of these systems;

· the contents of the image databases, including, but not restricted to the images of people who have been scanned by the biometrics cameras since the cameras went into operation, images of people who were in the biometrics databases before the cameras went into operation, documents as to how these images were selected, how these images were obtained, any documents related to use or possible use of drivers' license photos or any other motor vehicle records as part of this system and criteria for inclusion of new images in the photo databases;

· written procedures for what is done during and after the identification process, including, but not restricted to who makes the identification, logs of all results by the biometrics software program, logs of all comments made by human operators of the system, procedures used by the Tampa Police Department in arresting subjects after they are identified by these camera systems, and past arrests made after identification by these cameras; and

· future plans for these systems.

Please let us know whether the requested documents will be made available within the next two weeks. If your office has a policy of requiring the payment of a copying charge for such records, we ask that you inform us of that charge and advise us of the estimated cost prior to the copying of the documents.

Sincerely,

Barry Steinhardt               Howard L. Simon
Associate Director           Executive Director
ACLU National Office     ACLU of Florida

cc: Mayor Dick A. Greco
City Council Chairman Charlie Miranda
City Attorney J.D. Palermo

June 29, 2001

Kirby C. Rainsberger, Assistant City Attorney
City of Tampa Police Department
One Police Center
411 N. Franklin Street
Tampa, FL 33602

Dear Mr. Rainsberger:

The City of Tampa has yet to fully respond to our public records request. As set out in my April 26, 2001, letter, we have requested "a copy of the Tampa Police Department's (and City's) record retention policies as required under Fla. Stat. 119.01(4), along with any documentation of the approval of the retention policies by the Division of Library and Information Services of the Department of State. If the images were destroyed, we request documentation reflecting their destruction and documentation of the policy permitting such destruction."

If these materials are not provided by July 15, 2001, we shall have no option other than filing a lawsuit. Your prompt attention to this matter will save the ACLU of Florida, and the City of Tampa, from what should be unnecessary litigation.

Sincerely,

Randall C. Marshall
[Legal Director, ACLU of Florida]