Legal News

ACLU of Florida Seeks Records About FBI Collection of Racial and Ethnic Data

By ACLU

FBI's Power to Track and Map "Behaviors" and "Lifestyle Characteristics" of American Communities Raises Alarm

FOR IMMEDIATE RELEASE
CONTACT: media@aclufl.org or media@aclu.org

MIAMI – The American Civil Liberties Union of Florida today asked the FBI to turn over records related to the agency's collection and use of race and ethnicity data in local communities. According to a 2008 FBI operations guide, FBI agents have the authority to collect information about and map so-called "ethnic-oriented" businesses, behaviors, lifestyle characteristics and cultural traditions in communities with concentrated ethnic populations.

While some racial and ethnic data collection by some agencies might be helpful in lessening discrimination, the FBI's attempt to collect and map demographic data using race-based criteria for targeting purposes invites unconstitutional racial profiling by law enforcement, says the ACLU.

"It is alarming to know that our government, through the FBI, is collecting and mapping racial and ethnic information of American citizens," said Muslima Lewis, ACLU of Florida Racial Justice Project Director.  "As part of a national effort, we are seeking detailed information on exactly what information the FBI is collecting. The public deserves to know how our government is using this race-based information, and whether individuals' civil rights and liberties are being adequately protected."

The FBI's power to collect, use, and map racial and ethnic data in order to assist the FBI's "domain awareness" and "intelligence analysis" activities is described in the 2008 FBI Domestic Intelligence and Operations Guide (DIOG). The FBI released the DIOG in heavily redacted form in September 2009, but a less-censored version was not made public until January of this year, in response to a lawsuit filed by Muslim Advocates. Although the DIOG has been in effect for more than a year and a half, very little information is available to the public about how the FBI has implemented this authority.

"The FBI's mapping of local communities and businesses based on race and ethnicity, as well as its ability to target communities for investigation based on supposed racial and ethnic behaviors, raises serious civil liberties concerns," said Michael German, ACLU policy counsel and former FBI agent. "Creating a profile of a neighborhood for criminal law enforcement or domestic intelligence purposes based on the ethnic makeup of the people who live there or the types of businesses they run is unfair, un-American and will certainly not help stop crime."

PDFs of the FOIAs submitted to the FBI field offices in Jacksonville, Miami and Tampa can be downloaded here:

JACKSONVILLE
http://www.aclufl.org/pdfs/FOIA-FBI-JAX-07272010.pdf

MIAMI
http://www.aclufl.org/pdfs/FOIA-FBI-Miami%20-%2007272010.pdf

TAMPA
http://www.aclufl.org/pdfs/FOIA-FBI-Tampa-07272010.pdf

ACLU affiliate offices across the nation today filed coordinated Freedom of Information Act requests to uncover records about the FBI's collection and use of racial and ethnicity data from their local FBI field offices. The requests were filed by the ACLU affiliates in Alabama, Arkansas, California (Northern, Southern and San Diego), Colorado, Connecticut, Washington, D.C., Delaware, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont and Virginia.

The DIOG provisions in question are available online at: www.muslimadvocates.org/DIOGs_Chapter4.pdf

The entire DIOG is at: www.muslimadvocates.org/latest/profiling_update/community_alert_seek_legal_adv.html

Full post as published by ACLU Newsroom on July 27, 2010 (boomark / email).