Flock Follow- Up Questions 6-10
Part 2 follows the same format as Part 1 with my questions in blue, the answers from the police in red, and my response in black.
Below are the files I had shared previously for reference:
Many of the answers reference M.G.L. Ch. 4 § 7 sub. 26 (F) (N), so I've included the law and those exemptions below:
"Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32, unless such materials or data fall within the following exemptions in that they are:"
and Exemptions F and N are used as a justification to not answer questions:
f) investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest;
(n) records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation, cyber security or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (c) of section 10 of chapter 66, is likely to jeopardize public safety or cyber security
Question & Answer 6
The APD policy permits Flock to be accessed on cell phones. Please provide the following clarifications:
a. Is access limited to APD issued devices vs personal phones?
b. Are APD personnel allowed to take department Issued phones home, and do they?
c. If APD personnel access Flock while they are off duty, what is the process for logging and reviewing that?
d. In the event that an APD Issued phone with Flock access is lost or stolen, what processes are in place to secure the device and any data on it? Is there a remote wipe capability?
e. In the event APD personnel have access to Flock Safety on their personal phone and the phone Is lost, what processes are in place to secure the device and any data on it?
It should be noted that the FLOCK system is a cloud-based system, and no data is stored
on local devices, whether they be computers, cell phones or any other device that can be
used to gain access to the internet. It is our understanding that FLOCK, like other secured
platforms uses a multi-factor authentication process to grant users access each time they
wish to view data on the system. This means that they would need to be registered as a user
through our FLOCK administrator, and provided with both a username and password.
When initially accessing the system, they would login with their username and password.
After that, FLOCK would send an access code to a device that is included with their initial
access setup. After receiving that code, they would input the code into the system, and then
if it was correct, they would be able to enter the system to conduct a search.
A. No
B. Yes
C. Logins are tracked through the system the same way regardless of location, time of day
accessed, or device used to access the system.
D. It is worth noting that all Detective Bureau phones require a security PIN to access, and
again, that FLOCK is a cloud-based platform, so no data is held locally on the device
itself. Essentially, if a Detective Bureau phone were lost or stolen, and a malicious actor
were able to gain access to it, there would be no FLOCK data held on that device.
E. Answered within the response to D.
The contract is explicit: the cameras themselves hold data on them for 7 days or until the memory starts to get full, whichever is sooner.
Police departments are also able to download data from Flock and are encouraged to do so by Flock so nothing is lost.
Saying everything is only ever in the cloud isn't accurate. Either the contract wasn't read closely, or residents are being given information that doesn't match what the department signed.
The APD's policy was sent to us in the packet of information that I attached at the top of the post, so please take the time to read it. I am very concerned that police officers can use Flock Safety on their personal cell phones. People save their passwords on their phones, so potentially someone could get an officer's cell phone and get access to the system pretty easily.
D's answer is interesting and I am glad that security measure is in place for the department's phones.
Question & Answer 7
The APD policy includes references to audits, please provide the following clarifications:
a. Who specifically is responsible for conducting audits?
b. How frequently will audits occur? If "random", what does that mean in practice?
c. Who reviews the auditor? If the administrator is auditing the people below him, what external check exists on the administrator?
d. What happens if a scheduled audit doesn't occur; Is there a consequence and who enforces it?
e. If an audit reveals misuse or misconduct:
i. What disciplinary process is in place?
ii. What process is in place to notify any persons who data was included in the misuse/misconduct?
A. The FLOCK Administrator. The system is currently under the control of the Detective
Bureau Commander, who also serves as the FLOCK System Administrator.
B. Audits will be conducted on an as needed basis. That function is vested with the System
Administrator. There is currently no schedule. However, we have been conducting periodic
audits to assess who is accessing the system, how frequently, and their compliance with
departmental policy governing same. As was stated during the meeting, access has been
granted to officers of the department on a limited basis, as we are in the early stages of
utilizing this system, and actively assessing whom of our officers should have access to the
FLOCK system and the extent of that access.
C. There is no external review.
D. As was stated in response to B there is no schedule for audits to occur.
E. 1. All Agawam Police Department employee discipline is handled on a case by case
basis and its imposition is ultimately the purview of the Appointing Authority pursuant to
the City of Agawam Charter.
E.2. Notification of affected parties would be case dependent. If the disclosure of the
misuse to an affected party would affect an on-going criminal investigation then deference
would be given to the preservation and integrity of that investigation. In such instance, if
the affected party were considered a victim in the criminal case, then notification of, and
communication with that affected party would be handled by the Victim Witness Advocate
division of the Hampden County District Attorney’s Office.
This is one of the more thorough answers, but it also confirms something: there is no outside body, such as City Council, providing oversight for how this system is used. As a member of the community, you are allowed to submit a public records request about the logs. A Washington Superior Court ruled that they are considered public records and are subject to the public records laws of individual states. You can read more about it here: https://www.eff.org/deeplinks/2025/11/washington-court-rules-data-captured-flock-safety-cameras-are-public-records
You can start your own public records request here: https://agawam.nextrequest.com/
When they try to hide behind exemptions, you can appeal. It is easy to do, and I outlined it in a couple of my newsletters.
Question & Answer 8
Will APD personnel with disciplinary records found on the Post Commission have access to the Flock system?
Yes.
I know the mayor said in City Council meeting that someone can get on the Post Commission's website for being tardy multiple times. He actually used Councilor McNair's name as an example. I've read through the offenses of the officers on the Post Commission, and none of them have anything to do with a few days of tardiness. You can find the information here: https://399759da.delivery.rocketcdn.me/wp-content/uploads/2026/07/POSTC_ComplaintsByAgency_20260731.pdf
Question & Answer 9
What is Agawam's current data sharing setting?
a. Is it set to local, state or national?
b. Who made that determination?
This question will not be answered in accordance with M.G.L. Ch. 4 § 7 sub. 26 (F).
Exemption (F): Disclosure of our data sharing setting could alert suspects to the
direction or scope of an investigation. Further disclosure could also assist criminal actors
in assessing our levels and scope of interagency cooperation and thereby assist them in
furtherance or engagement in past or future criminal activities.
The existence of transparency portals in other towns that list Agawam, disqualifies the use of this exemption.
Question & Answer 10
Does APD have access to Flock Nova?
a. If yes, when did the access start?
b. If no, have there been any discussions or plans to get Flock Nova in the future?
A. No
B. No
Flock Nova is one of the AI programs that uses the data from all the Flock products and will monitor someone's movements, determine if it is suspicious, and send those reports to the police. There were also issues with where Flock was getting their data and claims that data was coming from other places than their equipment. You can read more about it here: https://www.govtech.com/biz/flocks-newest-police-tool-sparks-data-controversy
This is the end of Part 2. When you have time, Part 3 will have the remaining questions and answers.
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