Re: Public records request related to the use of facial-recognition products or services
This is a request under the California Public Records Act on behalf of the American Civil Liberties Union of Northern California.
The ACLU seeks records  relating to the BART Police Department’s plans for, acquisition of, or use of facial recognition  technology, including but not limited to products and services like Amazon Rekognition, Microsoft Face API, or NEC’s NeoFace.
The ACLU requests all such records created on or after June 13, 2018, including but not limited to:
1. Communications between any representative of the BART Police Department and any representative of any vendor offering any facial-recognition product or service.
2. Internal communications between representatives or employees of the BART Police Department relating to any facial-recognition product or service.
3. Documents relating to the BART Police Department’s purchasing or use of facial recognition, including but not limited to: purchase orders, RFPs, licensing agreements, invoices, and contracts related to any facial-recognition product or service.
4. Materials relating to how any facial-recognition product or service functions (or functions improperly), including e-mails, handouts, PowerPoint presentations, advertisements, or specification documents.
5. Any manuals, policies, procedures and practices governing the use of a facial-recognition product or service or related information or databases. This request includes, but is not limited to:
a. Procedures for using, deleting, or retaining photos of subjects to be identified;
b. Materials identifying any sources of such photos, such as mobile devices, body cameras, or surveillance videos;
c. Policies or procedures relating to the legal standard, if any, (e.g., probable cause, court order, relevance, consent) that is required before using any facial-recognition product or service.
d. Procedures the agency follows after a positive match, such as requiring independent or in-person verification;
e. Permitted uses of the information created from a positive match.
6. Training materials related to any facial-recognition product or service by employees of the BART Police Department.
7. Records relating to any mobile application related to any facial-recognition product or service.
8. Records relating to any public process or debate about any facial-recognition product or service, including meeting agendas or minutes, public notice, analyses, or communications between the BART Police Department and elected leaders or county officials.
In accordance with the California Public Records Act, please respond as soon as practicable and without unreasonable delay. According to the California Public Records Act (California Government Code § 6253(c)), a response is required within 10 days.
Since we are a non-profit organization and this request is on a matter of public concern,  we request a fee waiver. We also request that documents be provided in electronic format if possible. Doing so would eliminate the need to copy the materials and provides another basis for our requested fee waiver. However, if such a waiver is denied, please provide a signed notification citing the legal basis for the denial. Please also inform us of the reasonable costs prior to copying any materials.
Should you find any records exempt from disclosure, the ACLU recognizes that a public body bears the burden of demonstrating an exemption applies and respectfully requests a written communication explaining the legal authority relied upon to deny the requested records. We ask that you redact it for the time being and make the rest available as requested. We also request that the explanation include the interests relied upon to find the public interest is outweighed in the context of any conditional exemption or denial of a fee waiver.
 Throughout this request, the term “records” includes but is not limited to any paper or electronic information, reports, evaluations, memoranda, correspondence, letters, emails, charts, graphs, flyers, meeting agendas, meeting minutes, training materials, diagrams, forms, DVDs, tapes, CDs, notes, or other similar materials.
 In this letter, “facial recognition” means the automated or semi-automated process by which a person is identified or attempted to be identified based on the characteristics of his or her face.
 Amazon Pushes Facial Recognition to Police. Critics See Surveillance Risk, https://www.nytimes.com/2018/05/22/ technology/amazon-facial-recognition.html (May 21, 2018); Amazon is selling facial recognition to law enforcement — for a fistful of dollars, https://www.washingtonpost.com/news/the-switch/wp/2018/05/22/ amazon-is-selling-facial-recognition-to-law-enforcement-for-a-fistful-of-dollars/ (May 21, 2018); Amazon Is Selling Cheap, Real-Time Facial Recognition Technology to Cops, https://motherboard.vice.com/en_us/ article/3k4dq5/amazon-rekognition-facial-recognition-cops-body-cameras (May 21, 2018).