SB 34 Compliance Subject: SB 34 Compliance From: "Villa, Tyson@FTB" Date: 8/30/17, 9:28 AM To: "'dm@eff.org'" CC: "Rhea, Laurie@FTB" , "Ford, Lee Ann@FTB" , "Rouseff, Cheryl@FTB" , "Gonzalez, Gema@FTB" , "Shavor, Nadean@FTB" Mr. Maass,   I am responding to your email, received 08.09.17 under the Public Records Act, Government Code Section 6250, et seq.   The Automated License Plate Reader (ALPR) is used by our Criminal Investigation Bureau (CIB). CIB began using the data in October 2016. CIB is in the process of creating a policy, based on a template developed by *Lexipol, that complies with SB 34.   Currently, FTB has a Privacy Policy in place and eight principles we adopted from the California Information Practices Act called the Information Privacy Principles for Individuals.  In addition, we adhere to the requirements …to notify individuals when we collect personal information by providing a privacy notice. As a courtesy, we are providing the attached initial draft related to the SB 34 policy. Please note this is an initial draft with a fair amount of work remaining prior to publication.   Since the policy has to go through department review, I am unable to provide a date at this time when the policy will be implemented.   Please let me know if you have any questions.   Thank you,   Tyson Villa Senior Disclosure Specialist Disclosure Section 1 of 3 3/15/19, 10:54 AM SB 34 Compliance Privacy, Security, and Disclosure Bureau California Franchise Tax Board ( Office: (916) 845.3142         Fax: (916) 843-8460 *    Email:tyson.villa@ftb.ca.gov         MS-A181 / SA1A-B-14 CONFIDENTIALITY NOTICE: This email from FTB is for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review or use, including disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the email. Please consider the environment before printing this e-mail.   * Lexipol is a provider of defensible policies and training for public safety organizations, delivering services through web-based development system. Lexipol offers state-specific policy manuals, regular policy updates and daily scenario based training against policy.   From: Dave Maass [mailto:dm@eff.org] Sent: Thursday, July 27, 2017 4:34 PM To: Cleek, Cathy@FTB ; Martinez, Mayela@FTB Subject: SB 34 Compliance   Hello, My name is Dave Maass, and I am a researcher at the Electronic Frontier Foundation. We are a nonprofit that specializes in defending civil liberties in the digital world, and my role is looking at how government use surveillance technologies. As you may or may not know, in 2015 the California Legislature passed SB-34 which requires any agency that uses license plate reader data to create a privacy/usage policy and post it prominently on its website. Link: https://leginfo.legislature.ca.gov/faces /billCompareClient.xhtml?bill_id=201520160SB34 In recent weeks, we have filed multiple California Public Records Act request with law enforcement agencies around the state for the list of agencies with which they share license plate reader data. In at least five instances so far, the 2 of 3 3/15/19, 10:54 AM SB 34 Compliance California Tax Franchise Board appears on these lists as receiving this data. As an agency that accesses ALPR data, to comply with SB 34 CFTB should have a policy online. So far, I have been unable to locate one. Here are several examples of data sharing reports that list CFTB: Montebello PD: https://assets.documentcloud.org/documents/3901407 /Montebello-Police-Department-Data-Sharing-Report.pdf San Diego PD: https://assets.documentcloud.org/documents/3900401/SanDiego-Police-Department-Data-Sharing-Report.pdf Glendora PD: https://assets.documentcloud.org/documents/3894484 /Glendora-PRR-17-91-Electronic-Frontier.pdf Sacramento PD: https://assets.documentcloud.org/documents/3870800 /Sacramento-PD-Data-Sharing-Report-010112-051917.pdf Hawthorne PD: https://assets.documentcloud.org/documents/3726592 /LEARN-Agency-Data-Sharing.pdf I am hoping that you will be able to provide me a copy with CFTB's SB 34 policy or otherwise provide an explanation as to why one does not exist on CFTB's website. I can be reached at 415-436-9333 x151 or by email at dm@eff.org. Thank you, Dave Maass -Dave Maass Investigative Researcher Electronic Frontier Foundation 415-436-9333 x 151 dm@eff.org Attachments: Automated_License_Plate_Readers_Draft.pdf 3 of 3 33.8 KB 3/15/19, 10:54 AM