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Use of cloud analytics / extraction

Abdul Hai made this OPRA request to Hunterdon County Sheriff's Office This request has been closed to new correspondence. Contact us if you think it should be reopened.

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Dear Hunterdon County Sheriff's Office,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

I am aware that companies are selling technologies to law enforcement that allow them to take vast quantities of personal data from cloud-based apps and accounts. You can read more [https://privacyinternational.org/long-re....

1. Do you use mobile phone extraction technology that includes cloud analytics / cloud extraction capabilities e.g. Cellebrite UFED Cloud Analyser, Magnet Axiom Cloud or Oxygen Forensics Cloud Extractor

2. Do you have other technologies that allow you to access cloud-based accounts and extract this data.

3. Please provide a copy of the relevant Data Protection Impact Assessment.

4. Please provide a copy of the relevant local and/or national guidance/standard operating procedure/policy.

5. Please confirm the legal basis you rely on to conduct cloud analytics/extraction.

Yours faithfully,

Abdul Hai

OPRA Case #20-043

Dear Requestor,

Hunterdon County is in receipt of your Open Public Records Act (OPRA)
request dated 02/05/2020 and was received on 02/05/2020.

As such, the seven (7) business day deadline to respond to your request is
02/14/2020.

This response to your request is being provided to you on 02/13/2020.

Your OPRA request sought access to the following:

I am aware that companies are selling technologies to law enforcement that
allow them to take vast quantities of personal data from cloud-based apps
and accounts. You can read more
[https://privacyinternational.org/long-re....

1. Do you use mobile phone extraction technology that includes cloud
analytics / cloud extraction capabilities e.g. Cellebrite UFED Cloud
Analyser, Magnet Axiom Cloud or Oxygen Forensics Cloud Extractor

2. Do you have other technologies that allow you to access cloud-based
accounts and extract this data.

3. Please provide a copy of the relevant Data Protection Impact
Assessment.

4. Please provide a copy of the relevant local and/or national
guidance/standard operating procedure/policy.

5. Please confirm the legal basis you rely on to conduct cloud
analytics/extraction.

This request seeks information or asks questions and does not identify
specific government records. As such, your request is an invalid OPRA
request and is denied. When a request is “complex” because it fails to
specifically identify the documents sought, then that request is not
“encompassed” by OPRA. See New Jersey Builders Association v. New Jersey
Council on Affordable Housing, 390 N.J. Super. 166, 180 (App. Div. 2007).
A proper request under OPRA must identify with reasonable clarity those
document that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents. See Bent v. Stafford
Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005). Custodians
are not required to conduct research or create new records in response to
an OPRA request.

Notwithstanding the foregoing, please be aware the County Sheriff has
advised that the Sheriff’s Office neither uses, nor has, any cloud
extraction technology at this time.

Your Open Public Records request has been processed in accordance with
N.J.S.A. 47:1A-1, et seq. If your request has been denied in whole or in
part, the County of Hunterdon reserves the right to raise any other
grounds for denial not raised in this response. The failure of the County
of Hunterdon to assert an exception or privilege herein does not act as a
waiver of any ground for denial not raised herein.

The County considers your OPRA request completed and closed.

If you have any questions, please do not hesitate to contact our office.

Sincerely,

Heidi Rohrbach

County of Hunterdon

County Counsel Office

71 Main Street, Building 1, 3^rd Floor

Flemington, New Jersey 08822

(p) 908-788-1546

(f) 908-806-4236

[1][email address]

References

Visible links
1. mailto:[email address]

Please note that the County will be moving its OPRA requests to a user
friendly online portal starting March 2, 2020. You can access the portal
here [1]hunterdoncountynj.nextrequest.com once it is live or on the County
OPRA page.

Samantha M. Gravelle

Paralegal/Records Custodian

Hunterdon County Counsel

71 Main Street

Building 1, 3^rd Floor

Flemington, NJ 08822

908-788-1546

908-806-4236

From: OPRA
Sent: Thursday, February 13, 2020 3:05 PM
To: [OPRA #9378 email]
Subject: OPRA Case #20-043