Subscriber Discussion
Should Government Security System Contracts Be Exempt From Disclosure?
In May, we showed you how to obtain government surveillance contracts using FOIA. We routinely use FOIA to get copies of contracts and RFPs that we review on IPVM. Most state and local FOIA regulations have provisions that exempt them from disclosing documents related to security, but they don't use them because contracts and agreements are usually looked at as fiscal documents rather than security documents.
Last June I received my first rejection from a local government using a security exemption. The entity cited an exemption that protects information that would "jeopardize the security of a public agency."
I'd like to know your opinions:
If so, why?
If not, do you worry the information could "fall into the wrong hands?"
02/27/14 03:34pm
What, just a list of equipment and amount paid? How could that jeopardize anything? It's not like you're asking for locations, after all. Maybe it would be different if anyone invented analytics that actually worked, and you could figure out how to spoof the analytics based on known capabilities. Or something.
IPVMU Certified | 02/27/14 06:33pm
I agree with Ari, they should not be allowed to dismiss requests out of hand citing the too broad reason of "security concerns".
When I requested the winning contract for the 2012 Republican National Convention I got a redacted copy, which I understood, but it still had enough information to give me what I was looking for, which was what were the brands used, who did the work and how much it cost.
Sad thing is sometimes agency employees either don't know what legally they have to or not have to disclose, or maybe they don't want to bother so they just say "I can't disclose that". It's not their money if there's a challenge so sometimes the only way to get info is to get a lawyer and file suit.
It looks like there were some yes votes. I'd be interested in hearing more from those. Feel free to comment undisclosed.
| 02/27/14 10:13pm
Some people still believe in security through obscurity, I guess.
I know a lot of people in the business don't want others to know the details of what they charge, sell and do made public.
Would you like an example? Avigilon Fanbois Freak Out At Carlton's Post on Dallas Airport
IPVMU Certified | | 03/03/14 01:07pm
I think some of those yes votes you got presumed if there was sensitve information that could jeapordize security, then if should air on the side of secuurity. While those that answered no presumed that any compromising information would be removed or redacted, and thta you could not dismiss requests out of hand.
I think if you had a third vote option along the lines of "No, expect for security sensitive or security compromising parts are ok to be redacted", that would have gotten the most votes in my opinion.
This is sensitive information and could be used to compromise the system.
| 03/02/14 07:43pm
Who gets to make that determination? 'Sensitive' is a very subjective term.
"It could be used to compromise the system" is a nice sentence where literally anything could be substituted for 'it'.
The new FOIA Bill that Carlton mentions speaks to subjective determinations:
"...allowing a document to be withheld only if an agency 'reasonably foresees that disclosure would cause specific identifiable harm.."
Can you be more specific, Joe...? :)
What is sensitive?
Here is an interesting news segment from last year out of Oklahoma that illustrates the need for better open records laws and what happens when agencies use some arbitrary definition of sensitive. There is now an exemption to Oklahoma public records laws for highway patrol dashcam video because it's "sensitive." They actually wrote the exemption into the law after the Department of Public Safety asked for it. Pretty much every agency sees dashcam video as public, but for some reason in Oklahoma it'll be a problem if the public gets a hold of it.
The Highway Patrol says they keep the video secret to protect the privacy of people in the videos.
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