Outlaw Private Data-Tracking Technology in Minnesota State and Local Law Enforcement Decision Making

 

 

To reduce the chance of false or biased arrests through predictive policing, and decrease the privatization of public

data, meaning private companies can’t partner with public law enforcement.

 

Since 2014, ICE has been in a contract with the private company Palantir. This company takes data that has been

collected by ICE, compiles it using AI and algorithms, and spits out individuals for ICE to investigate or arrest. Data

given to Palantir includes cell phone locations, tax records, air travel records, and more. This is personal data that

the government, under the Privacy Act of 1974, is not allowed to share without the individual's consent. Disclosing this

data to a private company such as Palantir completely breaches this Act. It isn’t only ICE using Palantir. Plethoras of

different Federal and State agencies have partnered with similar data-tracking companies to use their algorithms in

Predictive Policing. There are three main problems with this. First, predictive policing uses pre-existing police data

collected by websites, surveillance cameras, and private collection to predict where crimes may pop up. This data is

often racially biased, as police are more likely to collect in places of poverty or a concentration of immigrants.

Secondly, predictive software isn’t typically “assessing whether the information it provides is correct. Instead, its

goal when it receives a prompt is to generate what it thinks is the most likely string of words to answer that prompt,”

according to the University of Maryland. Arrests made using predictive policing were shown to have a success rate of

less than 1%. Finally, the fact that this data is being collected and used by both the government and private companies

violates the rights laid out by the Fourth Amendment. While Federal Enforcement Agencies are utilizing these faulty and

unconstitutional technologies, it is necessary that Minnesota State Police and Local Police departments don’t follow in

their footsteps. The Minnesota Department of Public says its mission is to “promote safety, service and justice.” How is

it supposed to do that while utilizing technology that is inaccurate, biased, and unconstitutional?

 

 

“State Law Enforcement” shall be defined as all law enforcement agencies and personnel operating at the state level,

such as the Minnesota State Patrol.

“Local Law Enforcement” shall be defined as all law enforcement agencies and personnel operating at the municipal or

county level, such as a municipal police department or sheriff’s department.

“Data-Tracking Technology” shall be defined as any software system, algorithmic process, artificial intelligence model,

or digital platform that collects, analyzes, or infers information about persons, groups, or events for the purpose of

executing decision-making related to law enforcement or public safety.

“Predictive Policing” shall be defined as the use of data-tracking technologies, statistical analyses, artificial

intelligence, or algorithms to predict the likelihood of criminal activity, or identify individuals or locations

perceived to be at elevated risk of involvement in crime based on such predictions.

“ICE” shall be defined as the United States Immigration and Customs Enforcement

“The Fourth Amendment” shall be defined as the right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be violated.”

 

 

This bill does not require funding.

 

All departments under the jurisdiction of the state of Minnesota will be required to annually disclose all software used

to compile data and a record of how this data was utilized, available for audit. Departments found to be in violation of

this law will not be eligible for federal grants the following year. Additionally, evidence obtained through predictive

policing software will be automatically inadmissible in court.

 

 

To allow for time to shift away from data-tracking technologies, this law will be effective starting January 1st, 2027.