ATIP Request; Audio-Video recordings, Douglas border crossing [Patrick Fox; CBSA ATIP]

Dear Sir/Miss:

I respectfully request, under the Privacy Act, the following records:

All audio and/or video recording of myself, PATRICK FOX (aka RICHARD RIESS); DOB: 1973-11-24; UCI: 6002-8504; at or near the Douglas border crossing in Surrey, BC on 2019-03-15, between 4:00pm and 6:00pm PST. I can be identified as the 5'5" male, with short gray hair, wearing a black leather jacket, navy blue T-shirt, black jeans, black Doc Martens boots, and carrying a black laptop bag on my right shoulder. I am interested in audio and/or video footage of me approaching the secondary inspection building from the North; the entire time I was inside the secondary inspection building – particularly all of my interaction with Officer Meagan Polisak; my departure from the secondary inspection building and interaction with the CBSA officer near the entrance of the secondary inspection building; and my departure from the area designated as a port of entry as I walked South toward the US port of entry.

The requested video footage MUST still exist because it was accessed/viewed on or about 2019-03-21, in connection with a criminal investigation involving myself, and the CBSA "Directives on Overt Use of Audio-Video Monitoring and Recording Technology" provides, in paragraph 35, that such recordings "MUST be retained for two years from the date the recording was made, or from the date the last action was taken with respect to that recording." (And, obviously, this very request constitutes such an action so the two year limit is now restarted.) And, the Directive provides, in paragraph 37, "Under no circumstances may an audio-video recording be destroyed before the conclusion of any action taken in relation to said recording." Based on the foregoing, it would be an egregious violation of CBSA's policies if the recordings have not been retained. Moreover, since the video footage in question is relevant to a criminal investigation and prosecution, and since CBSA was alerted to the possibility of that fact, by the RCMP, in March 2019, it's destruction would amount to deliberate and willvul destruction of evidence in a criminal legal proceeding. Therefore, I would certainly expect the recordings have been retained.

Thank you.