Request #19-6468
  Closed

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Media reports state that the Los Angeles Police Department has made use of Palantir software (https://www.bloomberg.com/features/2018-palantir-peter-thiel/).
Therefore, I am requesting the following records related to the above program:
* Any software and algorithms developed for the implementation of the program. I'm particularly interested in any algorithms that have a public policy outcome, such as providing guidance on a policy or an assessment of an individual. More generally, I would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program. This would include original source code, any compiled binaries (also known as executables), spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. It would also include the input training data for machine learning algorithms. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs.
* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.
* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.
* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.
* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By “validation study,” I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.
* For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It will be used in the course of reporting for Motherboard, VICE’s science and technology website (www.motherboard.vice.com).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Caroline Haskins

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Received

November 5, 2019 via web


Departments

Police Department (LAPD)

Documents

Public

(loading...)

Staff

Point of Contact

LAPD Analyst Thanh N6233

Request Published Public
January 21, 2020, 7:39am
Document(s) Released   Details Public
PO#0001305692 - ITD 12 S290 (Signed).pdf
PO#0001454860.pdf
PO#0001510621 .pdf
PO#0001510626.pdf
PO#0001617479 Revised.pdf
2020plan.pdf
1539055 - ITB 15 S685 (Signed).pdf
Advance_Guide.ashx.pdf
Basic_Guide_(LAPD).ashx.pdf
C-126404_C_10-07-15.pdf
Intermediate_Guide.ashx.pdf
Packing_Slip_-_Palantir_Licenses.pdf
Palantir_Equipment_Invoice_-_Phase_3.pdf
PO#0001295173.pdf
January 21, 2020, 7:39am
Request Closed   Hide Public

Dear Requester:

 

We reviewed your request dated November 5, 2019 for records related to Palantir software. 

 

Your request was made under the California Public Records Act (the Act). The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

The Department has made a determination on each item in your request and our responses are provided below. 

 

“Any software and algorithms developed for the implementation of the program…”

LAPD RESPONSE:  Disclosing software including source code, compiled binaries, and etc…, would violate the licensing agreement with Palantir as they are considered intellectual property of Palantir.  Therefore, your request is denied.

 

“All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software..."

LAPD RESPONSE:  Besides the records provided, please be advised that the Department has previously released other records that might be responsive to your inquiry.  Those records can be reviewed by visiting NextRequest portal and search for the Request number 18-1696.

 

“A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts…”

LAPD RESPONSE:  Besides the records provided, please be advised that the Department has previously released other records that might be responsive to your inquiry.  Those records can be reviewed by visiting NextRequest portal and search for the Request number 18-1696.

 

“A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports…

LAPD RESPONSE:  Besides the records provided, please be advised that the Department has previously released other records that might be responsive to your inquiry.  Those records can be reviewed by visiting NextRequest portal and search for the Request number 18-1696.

 

“A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program…”

LAPD RESPONSE:  A search was conducted, no records found.

 

“For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input…”

LAPD RESPONSE:  Providing user input and the system return of this input will violate Palantir’s security policies. As an investigative tool, any query and the returned values would be considered confidential.  Therefore, the responsive records are exempt from disclosure under Government Code section 6254, subdivisions (c), (f) and (k), Government Code section 6255, Evidence Code section 1040, and Article 1, Section 1 of the California Constitution.  Therefore, your request is denied.

 

Your request to the Department is now considered closed.  If you have any questions, please respond to this email.

 

Respectfully,

 LAPD Discovery Section, CPRA Unit

 

 

January 21, 2020, 7:39am
Due Date Changed Public
01/24/2020 (was 12/27/2019).
December 26, 2019, 1:46pm
Due Date Changed Public
12/27/2019 (was 11/29/2019).
December 6, 2019, 9:19am
Due Date Changed Public
11/29/2019 (was 11/15/2019).
November 15, 2019, 6:06pm
External Message   Hide Public

Dear Requester:

We reviewed your California Public Records Act request. 

Please be advised that, pursuant to California Government Code Section 6253(c), we found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

If you have any questions regarding this correspondence, simply respond to this email. 

Respectfully,

LAPD Discovery Section CPRA Unit

November 15, 2019, 6:06pm by LAPD Analyst Armand N6373 (Staff)
Department Assignment Public
Police Department (LAPD)
November 5, 2019, 9:45pm
Request Opened Public
Request received via web
November 5, 2019, 9:45pm