Pasco County Sheriff's School 'Pre-Crime' Program Is Violating Federal Privacy Laws

from the arrest-thyself dept

Predictive policing has spread from the streets to the school house, bringing with it everything that's screwed up about it. But this time it targets minors, turning missed school days, low grades, and exposure to domestic abuse into criminal predicates.

This subjects minors to the same harassment that currently targets adults in the Pasco County (FL) Sheriff's jurisdiction. The pre-crime program run by the Sheriff allows deputies to swarm houses late at night to harass residents and write them citations for missing mailbox numbers or overgrown grass. There's nothing in this program that appears to target serious or violent crime. Instead, as the Sheriff has stated, the goal is to make people miserable enough that they "sue or leave the county."

This same mentality now plagues Pasco County schools. And there's more to it than a lifetime of petty harassment that now begins while residents are still minors. Not only is it pretty messed up to predetermine students' criminal histories using a handful of questionable indicators and an Excel spreadsheet, it also appears to be illegal. The Pasco County Sheriff's Office seems to have bypassed asking itself any tough questions about turning bad students into criminals. It also appears to have avoided running this program past its in-house counsel.

Subjecting students to the Sheriff Office's "juvenile intelligence analysts" isn't as straightforward as the Pasco Sheriff thinks. There are laws governing the sharing of school records -- both at state and federal levels. And the Sheriff's Office -- the personification of "rule of law" -- appears to be violating federal law, according to analysis by Student Privacy Compass.

From the supplied documentation, the Sheriff’s Office’s current data practices violate not only its contract with the school board but also the privacy protections required by the federal education privacy law, FERPA. School Resource Officers (SROs) cannot share student information to their local law enforcement office without consent if that disclosure fails to meet an exception to FERPA’s parental consent requirement.

The program has run in secret since its inception. It was exposed by public records requests. Parents aren't notified when their children are flagged as potential criminals. And, it can safely be assumed interactions with police officers on school campuses aren't forwarded to parents, nor are they given a chance to intercede on behalf of their children.

The Sheriff Office's predictive policing database shares data the Office isn't allowed to share with other employees. Federal privacy laws may allow schools to share students' personal information with deputies tasked as "school resource officers," but it does not allow those officers to share that data with the Sheriff's Office.

It’s important to note that although SROs do receive student PII from an education record under the school official exception, sharing student PII with an SRO is very different from sharing student PII with a teacher. Most SROs are employed by a school in tandem with the sheriff’s office—becoming an SRO at a local school does not change the fact that the SRO is still an external law enforcement officer. SROs must segment how they absorb student PII: the student PII they receive as a school official cannot be redisclosed to their sheriff’s office or police department without parental consent, unless that disclosure meets an appropriate exception to the parental consent requirement (in the event of a health or safety emergency or in response to a subpoena or other judicial order).

The exceptions to FERPA do not appear to apply to routine data gathering solely for the purpose of "predicting" whether students will go on to commit crimes. There are exceptions for investigating legitimate threats to school safety, but an ongoing program that turns a bunch of ridiculous "predicates" into an excuse for SROs and deputies to harass students obviously isn't limiting itself to known exceptions to federal privacy laws.

Instead, it seems the Sheriff's Office appears to have opportunistically leveraged a school shooting to create an school-centric surveillance program, bypassing privacy laws with the blessing of schools in its jurisdiction. And it's using the same thought process that allows it to oppress locals it finds undesirable. But this time it's targeting locals under the age of consent.

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Filed Under: ferpa, florida, pasco county, pasco county sheriff, pre-crime, privacy, sro, student resource officer


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  • identicon
    Anonymous Coward, 29 Dec 2020 @ 6:29am

    Protecting and Serving who?

    Instead, as the Sheriff has stated, the goal is to make people miserable enough that they "sue or leave the county."

    So the local sheriff is actively making the lives of the citizens, he's supposed to serve and protect, miserable by his own admission.

    And people want to know why they have elevated crime rates.....

    Also, the FERPA hammer will hit home on this one the second it winds up in federal court. It's a blatant violation of the law, and the school officials who engaged in this willingly should be recalled and held legally liable on a personal level.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 29 Dec 2020 @ 6:51am

      Re: Protecting and Serving who?

      Don't forget, courts have ruled that law enforcement have no duty to protect, nor serve, their communities or it's citizens. Just like courts have ruled that LE have no obligation to know or understand any laws they enforce (or even know or make sure that such laws even exist).

      reply to this | link to this | view in chronology ]

    • icon
      R.H. (profile), 29 Dec 2020 @ 1:53pm

      Re: Protecting and Serving who?

      Florida county sheriffs are elected. How is this guy keeping his job when he's pissing off a large chunk of the people?

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 31 Dec 2020 @ 8:36am

        Re: Re: Protecting and Serving who?

        The "sheriff BRAGS that he got where he is because "he has friends in high places".

        reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 29 Dec 2020 @ 7:31am

    You are being colonized, resistance is futile - we are the borg.

    reply to this | link to this | view in chronology ]

  • icon
    aerinai (profile), 29 Dec 2020 @ 7:38am

    I love how these 'pre-crime algorithms' aren't used to help intervene and change the lives of these individuals, but it is a foregone conclusion that they are beyond help and must be watched eagle-eye style until they screw up. Then the idiots who use this technology pat themselves on the back for a job well done.

    But you know... gotta keep that school to prison pipeline going to justify their jobs and 50% of a city's budget

    reply to this | link to this | view in chronology ]

  • identicon
    AricTheRed, 29 Dec 2020 @ 9:09am

    Shocked, just shocked I say...

    Police, violating the law?

    Never, I just don't believe it, like 5G not causing the 'rona!

    reply to this | link to this | view in chronology ]

  • icon
    That One Guy (profile), 29 Dec 2020 @ 10:35am

    This? This is why people want you goons GONE

    There's nothing in this program that appears to target serious or violent crime. Instead, as the Sheriff has stated, the goal is to make people miserable enough that they "sue or leave the county."

    Oh look, a perfect example of why people are pissed at 'law enforcement' and are calling for slashing their funding and putting it towards people that will actually help the public rather than act as state-sanctions criminals. At least with criminals without badges they're just doing it for the money rather than spite, better them than a department of thugs intentionally trying to make people's lives miserable enough that they're forced to leave or sue just to make the harassment stop momentarily.

    Instead, it seems the Sheriff's Office appears to have opportunistically leveraged a school shooting to create an school-centric surveillance program, bypassing privacy laws with the blessing of schools in its jurisdiction. And it's using the same thought process that allows it to oppress locals it finds undesirable. But this time it's targeting locals under the age of consent.

    At this point I fully expect police or sheriff departments to be staffed by opportunistic ghouls, but the school staff who went along with this are cowards who need to be given the boot. If your first response to a school shooting is to agree that what the school really needs is an invasive program to track and harass students you're not only an idiot you are actively making the problem worse, and as such need to be removed from the job immediately and replaced by someone who knows what the hell they're doing.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 31 Dec 2020 @ 8:42am

      Re: This? This is why people want you goons GONE

      He credits his gestapo policies with reducing crime....problem with that "theory" is that all crime has gone down in all surrounding counties as well, Only exception being the INCREASE of VIOLENT crime in Pasco under HIS watch. If he wants to take credit, then it appears the ONLY thing he can be credited is with INCREASING violent crime. Maybe it's time for torches & pitchforks...... tar & feathering, before riding him out of town on a rail.

      reply to this | link to this | view in chronology ]

  • identicon
    Kevin S., 29 Dec 2020 @ 3:36pm

    PASCO COUNTY GESTOPO

    Pasco County Gestopo

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 29 Dec 2020 @ 4:32pm

    Nothing to hide, nothing to fear.

    reply to this | link to this | view in chronology ]


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