NYPD Kept an Illegal Database of Juvenile Fingerprints For Years

For years, the New York Police Department illegally maintained a database containing the fingerprints of thousands of children charged as juvenile delinquents–in direct violation of state law mandating that police destroy these records after turning them over to the state’s Division of Criminal Justice Services. When lawyers representing some of those youths discovered the violation, the police department dragged its feet, at first denying but eventually admitting that it was retaining prints it was supposed to have destroyed. Since 2015, attorneys with the Legal Aid Society, which represents the majority of youths charged in New York City family courts, had been locked in a battle with the police department over retention of the fingerprint records of children under the age of 16. The NYPD did not answer questions from The Intercept about its handling of the records, but according to Legal Aid, the police department confirmed to the organization last week that the database had been destroyed. To date, the department has made no public admission of wrongdoing, nor has it notified the thousands of people it impacted, although it has changed its fingerprint retention practices following Legal Aid’s probing. “The NYPD can confirm that the department destroys juvenile delinquent fingerprints after the prints have been transmitted to DCJS,” a police spokesperson wrote in a statement to The Intercept.

Still, the way the department handled the process–resisting transparency and stalling even after being threatened with legal action–raises concerns about how police handle a growing number of databases of personal information, including DNA and data obtained through facial recognition technology. As The Intercept has reported extensively, the NYPD also maintains a secretive and controversial “gang database,” which labels thousands of unsuspecting New Yorkers–almost all black or Latino youth–as “gang members” based on a set of broad and arbitrary criteria. The fact that police were able to violate the law around juvenile fingerprints for years without consequence underscores the need for greater transparency and accountability, which critics say can only come from independent oversight of the department.

It’s unclear how long the NYPD was illegally retaining these fingerprints, but the report says the state has been using the Automated Fingerprint Identification System since 1989, “and laws protecting juvenile delinquent records have been in place since at least 1977.” Legal Aid lawyers estimate that tens of thousands of juveniles could have had their fingerprints illegally retained by police.

FBI’s Use of Surveillance Database Violated Americans’ Privacy Rights: Court

Some of the Federal Bureau of Investigation’s electronic surveillance activities violated the constitutional privacy rights of Americans swept up in a controversial foreign intelligence program (Warning: source paywalled; alternative source), a secretive surveillance court has ruled. The ruling deals a rare rebuke to U.S. spying activities that have generally withstood legal challenge or review. The intelligence community disclosed Tuesday that the Foreign Intelligence Surveillance Court last year found that the FBI’s pursuit of data about Americans ensnared in a warrantless internet-surveillance program intended to target foreign suspects may have violated the law authorizing the program, as well as the Constitution’s Fourth Amendment protections against unreasonable searches.

The court concluded that the FBI had been improperly searching a database of raw intelligence for information on Americans — raising concerns about oversight of the program, which as a spy program operates in near total secrecy. The court ruling identifies tens of thousands of improper searches of raw intelligence databases by the bureau in 2017 and 2018 that it deemed improper in part because they involved data related to tens of thousands of emails or telephone numbers — in one case, suggesting that the FBI was using the intelligence information to vet its personnel and cooperating sources. Federal law requires that the database only be searched by the FBI as part of seeking evidence of a crime or for foreign intelligence information. In other cases, the court ruling reveals improper use of the database by individuals. In one case, an FBI contractor ran a query of an intelligence database — searching information on himself, other FBI personnel and his relatives, the court revealed.