EFF Sues FBI For Access to Facial-Recognition Records

Lawsuit Seeks Transparency Before Implementation of a 'Bigger, Faster and Better' Biometrics System

News Release from EFF June 28, 2013

San Francisco - As the FBI is rushing to build a "bigger, faster and better" biometrics database, it's also dragging its feet in releasing information related to the program's impact on the American public. In response, the Electronic Frontier Foundation (EFF) today filed a lawsuit to compel the FBI to produce records to satisfy three outstanding Freedom of Information Act requests that EFF submitted one year ago to shine light on the program and its face-recognition components.

Since early 2011, EFF has been closely following the FBI's work to build out its Next Generation Identification (NGI) biometrics database, which would replace and expand upon the Integrated Automated Fingerprint Identification System (IAFIS). The new program will include multiple biometric identifiers, such as iris scans, palm prints, face-recognition-ready photos, and voice data, and that information will be shared with other agencies at the local, state, federal and international levels. The face recognition component is set to launch in 2014.

"NGI will result in a massive expansion of government data collection for both criminal and noncriminal purposes," says EFF Staff Attorney Jennifer Lynch, who testified before the U.S. Senate on the privacy implications of facial recognition technology in July of last year. "Biometrics programs present critical threats to civil liberties and privacy. Face-recognition technology is among the most alarming new developments, because Americans cannot easily take precautions against the covert, remote, and mass capture of their images."

In the complaint filed with the U.S. District Court for the Northern District of California, EFF is asking a judge to enforce EFF's FOIA requests, which were sent to the FBI in June and July of last year. The information sought includes agreements and discussions between the FBI and various state agencies regarding the face-recognition program; records addressing the reliability of face-recognition technology; and documentation of the FBI's plan to merge civilian and criminal records in a single repository. EFF is also seeking disclosure of the total number of face-recognition capable records currently in the FBI's database, as well as the proposed number at deployment.

NGI will have an unprecedented impact on Americans' privacy interests, and yet the FBI has not updated its Privacy Impact Assessment since 2008, well before it built the system and signed agreements with several states for an early roll-out of the program.

"Before the federal government decides to expand its surveillance powers, there needs to be a public debate," Lynch says. "But there can be no public debate until the details of the program are presented to the public."

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For the full complaint: https://www.eff.org/node/74758

Page 5 of Complaint:  "As part of the pilot program, the FBI has executed Memoranda of Understanding (MOUs) with several states that already have existing "Face/Photo search capability." As of Spring 2012, these states included Maryland, Hawaii, and Michigan.  As of Summer 2012, other states, including South Carolina, Ohio, and New Mexico were "engaged in the MOU review process" to participate in the pilot program, while Kansas, Arizona, Tennessee, Nebraska, and Missouri had expressed interest in the program.

Page 6 of Complaint: The FBI's plans for face recognition appear to be broader than mug shot and DMV  photos. The Face Recognition Pilot Program MOU between FBI and Hawaii states that full implementation of the program will "permit photo submissions independent of arrests" and "permit bulk submission of photos being maintained at state and federal repositories."  The FBI has also stated in a public presentation given at a national biometrics conference that it wants to use its facial recognition system to "identify unknown persons of interest from images" and "identify subjects in public datasets."  In the same presentation, the FBI included a graphic image that implied the Bureau wanted to use facial recognition to be able to track people from one political rally to another.

MOU between the FBI and the State of Hawaii Dept. of the Attorney Gen.for the Interstate Photo System Facial Recognition Pilot, 2, available at: https://www.eff.org/file/35296#page/2/mode/1up

LINK: EFF Hawaii Background Links