The following OPRA request is based on a generic one written by @Jason Bassler of The Free Thought Project. It has been customized for New Jersey usage.
We had this request reviewed by the Chair of the NJLP Open Government Advocacy Project. In his (and our) opinion much of this is contains requests that are too broad of a request. NJ OPRA requests should request specific documents and not seek information. We include the sample request anyway because it does suggest some good ideas. Two relevant cases, Bent v. Stafford Police Department and MAG v. Division of Alcoholic Beverage Control hold that requests must specify identifiable government records rather than broad, open-ended demands for information.
We do not recommend the below sample OPRA as written. Instead, we would suggest:
- Submit smaller OPRA requests instead of one big OPRA request
- Research what documents should exist and request the actual documents whenever possible. This research may involve smaller OPRA requests that allow the peeling of the onion to locate additional documents. The research may also include going to your town hall and talking to the building inspector or official who may have some knowledge.
- Avoid any request that states "All information ..." or "Any ...".
One could submit the below (or portions thereof) as a test and may learn something from the denial. Also note that too much in one request may result in a charge based on the excuse of the request taking an extraordinary amount of time to fulfill.
To the Custodian of Records:
Pursuant to the New Jersey Open Public Records Act and the common law right to access, I request access to and copies of the following public records relating to the (replace with township name/NJ State Police/local police department) Newark's surveillance camera and Automated License Plate Readers deployed throughout the city. Please provide records covering the period January 1, 2020 through present unless otherwise specified.
Note that I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States. I WILL NOT use the requested government records for a commercial purpose. I AM NOT seeking records in connection with a legal proceeding.
1. Policies and Legal Authority All policies, procedures, memoranda, directives, or legal analyses governing:
- The deployment and operation of surveillance cameras within __________
- Any legal justification for the program under federal or state constitutional law
- Policies governing Fourth Amendment considerations or privacy protections
- Any City Council ordinances or resolutions authorizing the camera network
2. Contracts and Vendors All contracts, agreements, memoranda of understanding, purchase orders, or amendments with vendors or service providers related to:
- Surveillance cameras
- Automated license plate readers
- Real-time crime centers -Video analytics, facial recognition, or artificial intelligence
- Data storage or cloud services used for camera footage Please include vendor proposals, RFP responses, and bid documents.
3. Camera Locations Records identifying:
- The number and location of cameras deployed
- Maps, GIS datasets, or inventories of surveillance devices
- Any classification of cameras as public, private-partner, or third-party integrated cameras (If precise coordinates are withheld, provide generalized location records or district-level inventories.)
4. Data Retention and Access All records describing:
- Video retention schedules
- Policies for deletion or archiving of footage
- Which agencies or departments have access to the camera network
- Any data sharing agreements with other agencies including but not limited to:
- New Jersey State Police, Federal agencies (FBI, DHS, ICE, etc.)
- Regional task forces
5. Private Camera Integration Programs All records relating to programs that integrate privately owned cameras into the police network, including:
- Agreements with homeowners, businesses, or HOAs
- Terms of participation
- Data access rights granted to the police department
6. Surveillance Technology Capabilities Records describing whether the system includes or supports:
- Facial recognition
- License plate recognition
- Behavioral analytics
- Crowd detection
- Real-time monitoring centers
7. Crime Reduction Claims All records, reports, studies, or internal analyses supporting claims that the surveillance network caused reductions in crime, including:
- Statistical reports
- Internal evaluations
- Communications discussing the effectiveness of the system
8. Communications Emails, memoranda, and internal communications between (your city) Police Department personnel, City officials, or vendors referencing:
- Expansion of the camera network -Privacy concerns
- Public opposition or legal review Search terms should include: “camera network”, “surveillance cameras”, “real time crime center”, "Aerodome", "Raven", “ALPR”, “Flock”, “facial recognition”, and “camera integration”.
Format
Please provide records in electronic format via email or download link. If any records are withheld, please provide the specific statutory exemption relied upon and produce all reasonably segregable portions of responsive documents.
Fee Waiver
This request concerns matters of significant public interest involving government surveillance and constitutional rights, and any fees should be waived or minimized.
I look forward to your response within the statutory timeframe.