TH E STATE Departmen t of Administration ~LASKA 0 DIVISIONOF MOTOR VEHICLES 1300 W Benson Blvd, Ste 400 Anchorage , AK 99503 Main: 907.269.5019 Fax: 907.333.8615 www.doa.alaska .gov/dmv GOVERNOR BILL 'V'ALKER August 8, 2017 Clare Garvie Associate, Center on Privacy & Technology Georgetown University Law Center 600 New Jersey Ave, NV Washington DC, 20001 Re: Public Records request related to facial recognition technology. Ms. Garvie: Thank you for your letter received July 13, 2017 requesting a copy of the public records related to the use of facial recognition technology by the State of Alaska, Department of Administration, Division of Motor Vehicles (OMV), and for your email dated August 3, 2017 in response to DMV's letter dated July 27, 2017, partially responding to your request and seeking clarification. DMV's responses to the outstanding items from your request are below: I. Any manuals, memos, policies or other guidelines the OMV follows for using the FRT system. The records are attached. DMV denies your request with respect to the following record: Pages All Subiect of Denial Marquis ID Systems Manual Reasons for Denial AS 40.25.120(a)( 4): Trade secrets. See AS 45.50; AS 40.25.120(a)(10); balance of interests. See, e.g., Alaska Wildlife Alliance v. Rue, 948 P.2d 976, 981 (Alaska 1997}; City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d 1316, 1323 (Alaska 1982). 2. Formal or informal policies or rules followed by OMV personnel for running facial recognition searches requested by external entities, including, but not limited to federal, state or local law enforcement agencies. Alaska DMV 101188 GULaw Privacy FR OMV has no responsive records. 3. All requests for the past three years submitted by any entity outside the OMV for facial recognition searches against the DMV photo database. Emails, accompanying requests, if submitted electronically. You agreed in your August 3, 2017 email to DMV's request to provide: "a breakdown of all requests for facial recognition searches of DMV's photo database by outside entities," as fully outlined in DMV's July 27, 2017 letter. The records are attached. 4. Purchasing and procurement documents related to the DMV facial recognition system, including but not limited to: grant awards, cost sharing agreements, purchase orders, RFPs, responses to RFPs, invoices, and contracts for FRT hardware, software, and any services. The records are attached. OMV made the following redactions: Document Subiect of Redactions Marquis Quantity, description, rate ID Systems Invoice 5/21/2014 Marquis Quantity, description , rate ID Systems Invoice 4/23/2014 Marquis Quantity, description, rate ID Systems Invoice 5/21/2014 Marquis Quantity, description, rate ID Systems Invoice 7/7/2014 Marquis Quantity, description, rate ID Systems Invoice 4/21/2014 Marquis ID Quantity, description, rate Systems I Alaska DMV Reasons for Redactions Balance of interests. See, e.g., Alaska Wildlife Alliance v. Rue, 948 P.2d 976,981 (Alaska 1997); City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d 1316, 1323 (Alaska 1982). balance of interests balance of interests balance of interests balance of interests balance of interests 101189 GULaw Privacy FR Invoice 4/30/2014 Marquis ID Systems Invoice 5/20/2013 Marquis ID Systems Invoice 7/31/2014 Marquis ID Systems Invoice 8/31/2014 Marquis ID Systems Invoice 9/30/2014 Marquis ID Systems Invoice 10/31/2014 Marquis ID Systems Invoice 11/30/2014 Marquis ID Systems Invoice 12/ 19/2014 Marquis ID Systems Invoice 12/31/2014 Marquis ID Systems Invoice 1/31/2015 Marquis ID Systems Invoice 2/28/2015 Marquis ID Systems Invoice 3/2/2015 Marquis ID Systems Invoice 3/31/2015 Alaska DMV Quantity, description, rate balance of interests Quantity, description, rate Balance of interests Quantity, description, rate balance of interests Quantity, description, rate balance of interests Quantity, description, rate balance of interests Quantity, description, rate balance of interests Quantity, description, rate balance of interests Quantity , description, rate balance of interests Quantity, description, rate Balance of interests Quantity, description, rate balance of interests Quantity, description, rate balance of interests Quantity, description , rate balance of interests 101190 GULaw Privacy FR Marquis ID Systems Invoice 10002 5/1/2015 Marquis ID Systems Invoice 10012 5/29/2015 Marquis ID Systems Invoice 10032 6/30/2015 Marquis ID Systems Invoice 10042 7/31/2015 Marquis ID Systems Invoice 10060 8/31/2015 Marquis ID Systems Invoice 10076 9/30/2015 Gemalto Invoice 10086 10/31/2015 Marquis ID Systems Invoice 10110 11/15/2015 Marquis ID Systems Invoice 10128 12/ 11/2015 Marquis ID Systems Invoice 10140 1/31/2016 Alaska DMV Quantity, description, unit price balance of interests Quantity, description, unit price balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit pnce Balance of interests Quantity, description, unit price balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit price balance of interests Quantity, description , unit pnce balance of interests Quantity, description, rate balance of interests 101191 GULaw Privacy FR Marquis ID Systems Invoice 10155 2/29/2016 Marquis ID Systems Invoice 10171 3/31/2016 Marquis ID Systems Invoice 10176 4/19/2016 Marquis ID Systems Invoice 10190 5/31/2016 Marquis ID Systems Invoice 10217 6/30/2016 Marquis ID Systems Invoice 10243 7/31/2016 Marquis ID Systems Invoice 10262 8/31/2016 Marquis ID Systems Invoice 10284 9/30/2016 Marquis ID Systems Invoice 10300 10/31/2016 Marquis ID Systems Invoice 10312 11/30/2016 Alaska DMV Quantity, description, unit pnce balance of interests Quantity, description, unit price balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit price Balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit price balance of interests Quantity, description , unit pnce balance of interests Quantity, description, unit price balance of interests Quantity, description , unit pnce balance of interests 101192 GULaw Privacy FR Marquis ID Systems Invoice 10341 12/31/2016 Marquis ID Systems Invoice 10362 1/31/2017 Marquis ID Systems Invoice 10377 2/28/2017 Marquis ID Systems Invoice 10400 3/31/2017 Marquis ID Systems Invoice 10399 3/31/2017 Marquis ID Systems Invoice 10398 3/31/2017 Marquis ID Systems Invoice 10401 3/31/2017 Marquis ID Systems Invoice 10426 4/30/2017 Marquis ID Systems Invoice 10470 5/31/2017 Marquis ID Systems Invoice 10452 5/31/2017 Alaska DMV Quantity, description, unit price balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit pnce Balance of interests Quantity, description, unit price balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit pnce balance of interests Quantity, description, unit pnce balance of interests Quantity, description , unit price balance of interests Quantity, description, unit pnce balance of interests Quantity, description , unit price balance of interests 101193 GULaw Privacy FR Marquis ID Systems Invoice 10487 6/30/2017 Marquis ID Systems Invoice 10473 6/ 13/2017 Quantity, description, unit pnce balance of interests Quantity, description, unit price balance of interests 5. Any manuals from the companies providing FRT system components, including but not limited to any technical specifications they have provided. DMV denies your request with respect to the following record: Pages All Subject of Denial Marquis ID Systems Manual Reasons for Denial AS 40.25.120(a)(4): Trade secrets. See AS 45.50; AS 40.25.120(a)(10); balance of interests. See, e.g., Alaska Wildlife Alliance v. Rue, 948 P .2d 976, 981 (Alaska 1997); City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d 1316, 1323 (Alaska 1982}. To the extent OMV has withheld and/or redacted protected information, DMV denies your request under 2 AAC 96.335(a)(4) (providing that an agency may deny a request if "nondisclosure of the record is authorized by a federal law or regulation or by state law"). See AS 40.25.120(a)(4) (exempting "records required to be kept confidential by a federal law or regulation or by state law"); see also, e.g., Fuller v. City of Homer, 75 P.3d 1059, 1062-63 (Alaska 2 003) ( recognizing that "Alaska's statutory definition of 'state law' encompasses common law as well as positive law") ( quoting Gwich 'in Steering Comm. v. State, Office of the Governor, 10 P.3d 572,578 (Alaska 2000); Capital Information Group v. State, Office of the Governor, 923 P.2d 29 (Alaska 1996). You may administratively appeal this denial by complying with 2 AAC 96.340. An administrative appeal requires no appeal bond. Also, you may pursue immediate judicial review by seeking an injunction from the superior court under AS 40.25.125. Not seeking an injunction will not adversely affect your rights before OMV, including in administratively appealing. Under the regulations of the Alaska Public Records Act, if an agency does not have responsive records, the response constitutes a denial. See 2 AAC 96.335(a). You may administratively appeal by complying with 2 AAC 96.340. An administrative appeal requires no appeal bond. Also, you may pursue immediate judicial review by seeking an injunction from the superior court under AS 40.25.125. Not seeking an injunction will not adversely affect your rights before DMV, including in administratively appealing. I have been delegated the authority to deny Alaska Public Records Act requests. 2 AAC 96.335 - 2 AAC 96.350 are enclosed. Alaska DMV 101194 GULaw Privacy FR I have been delegated the authority to deny Alaska Public Records Act requests. 2 AAC 96.335 2 AAC 96.350 are enclosed. If you have any questions, please contact me at 907-269-5574 or marla.thompson@alaska.gov. Sincerely, ~~ Marla Thompson Director Division of Motor Vehicles Alaska DMV 101195 GULaw Privacy FR