ACLU seeks Michigan State Police data
Group fears agency illegally getting data from cell phones
Kathy Barks Hoffman / Associated Press
Lansing— The American Civil Liberties Union of Michigan is worried that Michigan State Police may be extracting personal data from cell phones illegally, a concern state police say is unfounded.
The Associated Press on Thursday filed a Freedom of Information Act request with the state police asking how many times the agency has used data extraction devices that can extract contact lists, text messages and photos from cell phones.
Its request comes after the ACLU has filed its own FOIA requests asking the state police to reveal how they're using the devices. It said it's still waiting for answers after years of asking for the information.
The ACLU failed to get the information it sought through a 2008 FOIA request after being told by state police that it would cost $544,680 to retrieve and assemble the requested documents. It then narrowed the scope of its request, but said state police claimed no documents existed for that time period. Police also refused to reveal when the devices were used so a FOIA request could be tailored to those dates, the ACLU said.
"Through these many requests for information we have tried to establish whether these devices are being used legally. It's telling that Michigan State Police would rather play this stalling game than respect the public's right to know," Mark Fancher, ACLU of Michigan Racial Justice Project attorney, wrote on the group's website.
State police said in a statement released Wednesday evening that at least one ACLU request for information has been fulfilled and several more will be finished once the ACLU pays a processing fee.
The statement said the data extraction devices are used only if a search warrant is obtained or a person gives consent to have the phone scanned. They say the devices aren't being used to extract personal information during routine traffic stops.
"The implication by the ACLU that the MSP uses these devices to 'quietly bypass Fourth Amendment protections against unreasonable searches' is untrue, and this divisive tactic unjustly harms police and community relations," the state police statement said.
From The Detroit News:
http://detnews.com/article/20110422/...#ixzz1KInj371N