... ... (X) S O U TH ::E "' V> ... Q DAKOTA " ~ D EPARTM ENT OF Punuc SAFETY )> ~ preventi on - protect ion - enforce ment ""' • C ;Y " "' !" 1/) g ... :,: August 25, 2017 0 ~ ",: 0 V, -.J V, 0 ,... Ms. Clare Garvie Georgetown University Law Center Center on Privacy and Technology 600 New Jersey Ave. NW Washington _DC 20001 " a, 0 V, -.J -.J ~ ... w ~ 0 ~ v0 8< -.J (X) m Dear Ms. Garvie : 0 -n The South Dakota Department of Public Safety has received your written request for documents and records pursuant to SDCL 1-27 et seq . a, 0 ~ -.J -.J ~ @ ,;, ,: ... "' ? ... "' "' l,J Your request is dated July 26, 2017 , and I, as the public records officer for the department , received it on August 2, 2017. I confirmed via email on August 16, 2017, that we were evaluating your request and would have a determination soon . You are requesting documents related to Facial Recognition Technology (FRT) . ~;: w 0 C (X) Following is the status of your request: • Any manuals , memos, policies , or other guidelines (item #1 in your request) for using the FRT system are the property of Morpho Trust (f/k/a L-1) and are exempt from disclosure under SDCL 1-27-1.5 (3) and SDCL 1-27-1.6 (6). • We do not have a written policy to provide (item #2 in your request) . Therefore, we do not have any documents that comply with your request. However , procedurally we only respond to requests that come through the South Dakota Fusion Center , and we have one designated staff person who handles all requests . Policies governing the South Dakota Fusion Center are included in the Fusion Center's Privacy Policy , which can be accessed at: http://dps.sd .gov/homeland security/documents/fusioncentersdprivacypolicy .pdf . ------- • mWe do no ave any notices , instructions , request forms , or other materials that are issued to external agencies regarding requests to conduct a facial recognition search (item #3 in your request) . Therefore , we do not have any documents that comply with your request. A CCIOENT RECOROS D RIVER L ICENSING HOME LAND S ECURITY South Dakota DPS E MFRGENCY MANA GEMENT S TATE F! Rt MAR SHAL EMERGFNCY M EDIC/IL 5 FRVICES S TATE I NSPECTI ON PROGRAM 103640 H IGH\'/AY PATROi S TATE RA DIO D ISPATCH H JGH\'IAY SAFETY W EIGHTS ANO M EASURES GULaw Privacy FR • We do not have any finalized memoranda of understanding (MOUs) or agreements with other state, local, or federal agencies (item #4 in your request). Therefore, we have no documents that comply with your request. • Working papers of state employees , including requests by outside entities for facial recognition searches (item #5 in your request), are exempt from disclosure under SDCL 1-27-1.5 (12) and 1-27-1.5 (22) .Therefore, your request for these documents is denied. There have been no audits of the FRT system, and no corresponding paperwork or logs exist (item #6 in your request) . Therefore, we have no documents that comply with your request. • • • Since we last provided you with records in January 2017, we have executed a new contract with MorphoTrust. The new contract (item #7 in your request) is attached. Company manuals providing FRT system components and technical specifications (item #8 in your request) are exempt from disclosure under SDCL 1-27- 1.5 (3) and SDCL 1-271.6 (6) . Therefore, your request for these documents is denied . If you have any additional questions on this request please direct them to me. Sincerely , Kristi Turman Division Director/Open Records Officer South Dakota DPS 103641 GULaw Privacy FR