Q&A
Control over NYPD data once shared with task forces
1:33:23
·
99 sec
Council Member Gutiérrez inquires about NYPD's control over data once it's shared with task forces. Deputy Commissioner Gerber explains the limitations of NYPD's control and the nature of task force operations.
- Once information is shared with a task force, it becomes task force data
- NYPD cannot control how task forces or other entities use the shared data
- There are MOUs (Memorandums of Understanding) governing dealings with task forces, including rules on data sharing
- Task forces are federal entities, and NYPD cannot dictate how federal agencies use information in their investigations
- Gerber reiterates that NYPD only works on criminal cases and does not assist with civil immigration enforcement
Jennifer Gutiérrez
1:33:23
Can you just so the information that, for example, is asked from a task by a task force, excuse me, once it's passed over to them, there is there is it's out of your control how they're using this this data, how they're using facial recognition, how they're using information from the DOS system.
Michael Gerber
1:33:41
Right.
1:33:42
So so there may be other restrictions in terms of, you know, what they're allowed to do with information.
1:33:47
Obviously, if it's grand jury information, there are restrictions on that.
1:33:50
But I would just I would note, you know, when our when our task force officers, our detectives as part of these, task forces are doing work, they're gathering evidence or data that then belongs to the task force.
1:34:03
That is the task force's data.
1:34:05
And they they're they they they may or may not choose to pass that along to other entities.
1:34:12
We can't control that.
1:34:13
There is no way for us to have control.
Jennifer Gutiérrez
1:34:15
No data sharing agreement with, for example, a task force or Department of Homeland Security after before giving that information.
1:34:22
There's
Josh Levin
1:34:22
no No.
Michael Gerber
1:34:23
So there are there are MOUs with all the task forces.
1:34:25
There are MOUs that govern our dealings with them.
1:34:29
And those do provide rules with data sharing.
1:34:32
But the point is that these task forces are federal task forces.
1:34:36
The task forces control ultimately how task force information is used.
1:34:41
We cannot dictate to federal agencies what they can or can't do as part of their federal investigations.
1:34:49
We don't control that.
1:34:50
We control what we do.
1:34:51
Mhmm.
1:34:52
And what we do is we work on criminal cases and partner on criminal cases and we do not provide assistance in connection with civil immigration enforcement, period.