Tuesday, December 3, 2013

City of Santa Cruz may be violating state laws in how it is gathering and providing crime data to private companies

John Colby's Freedom of Information Campaign against Human Rights abuse in Santa Cruz [link]
* Santa Cruz retaliates against Human Rights advocate John Colby [link]
* Human Rights abuse in itty-bitty Santa Cruz [link]

"CPRA request about crime data collection, provision, selling and analysis"
2013-12-03 from John Colby to Bren Lehr, MMC, City Clerk Administrator:
Dear Ms. Lehr,
I am writing because California Freedom of Information (FOI) experts have recently informed me that the City of Santa Cruz may be violating state (and perhaps even federal) laws in how it is gathering and providing crime data to private companies.
To investigate their tips, I am submitting a request pursuant to California Government Code Section 6250 et seq. commonly known as the California Public Records Act (CPRA). I am requesting:
* all contracts by the City of Santa Cruz, any of its agencies, divisions, departments, commissions, (sub)contractors or agents with any company which uses crime data for mapping, reporting or analysis.
* all records which describe how the City of Santa Cruz, any of its agencies, divisions, departments, commissions, (sub)contractors or agents fund the collection, provision, transfer, or selling of crime data for any purpose.
* all declarations, statements, legislation or reports issued by the Santa Cruz City Council or any body empowered by it in the assignment, reward, or contracting with any government agency, private business or nonprofit for the purpose of collecting, providing, selling and analysis of crime data.

As these records are of great public interest, since they will be made available to federal and state investigators as well as to the news media being carbon copied, I ask you to waive any exemptions to disclosing these records.
I also ask you to waive all applicable fees in the public interest. I ask you to waive any applicable search, retrieval and redaction fees, as well as applicable duplication costs.
I ask:
* if you determine that any or all or the information qualifies for an exemption from disclosure, to note whether, as is normally the case under the Act, whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information.
* in case you decide that any of the information is exempt, please explain how the interest in not disclosing the information outweighs the public interest in disclosing it.
* if you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, that you redact it for the time being and make the rest available as requested.
* if there is any information in these records which is private and you decide it is exempt information, yet it is in an otherwise disclosable document, please segregate the private information by redacting it while providing me the rest of the unredacted record.
* If these records are available in an electronic format such as Portable Document Format (PDF), MS Excel File Extension (XLS), MS Word Document (DOC), Hypertext Markup (HTM), any standard database format (like those listed here http://en.wikipedia.org/wiki/List_of_file_formats#Database), Rich Text Format (RTF), plain electronic text (TXT) or native email formats — like AOL for Windows, Apple Mail, Claris Emailer, Compuserve, EML, Entourage, Eudora, Maldir, MBOX File, Mulberry, Neoplanet, Outlook, Outlook Express, Outspring, Powertalk, Quickmail Pro, Thunderbird, Windows Mail, Windows Live Mail and Yahoo Archive! — or as links to the Internet then I ask that they provided to me in one of those forms, preferably in their native format.
I am willing to pay a fee of up to $25 for this request. If you estimate the cost of completing this request will exceed that amount, please contact me first before completing it with a fee estimate. If this request would entail special searches which would incur search fees to me, please contact me first with a fee estimate.

Thank you for your assistance in fulfilling this CPRA request to determine whether the City of Santa Cruz, its officials and its employees have acted within the law with regard to the collection, provision, transfer and analysis of crime data as well as meeting the legal and regulatory requirements set forth for funding these activities.
If you have any questions or concerns regarding this request, or named parties have been misspelled, please contact me.
Respectfully yours, [signed] John E. Colby, Ph.D.

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