Body camera data is public in the following situations:
• When a peace officer discharges a firearm in the course of duty (but not discharge for training purposes or killing animals).
• When use of force by a peace officer results in “substantial bodily harm”.
• When a data subject requests that the data be made accessible to the public - after redacting by blurring video or distorting audio - of:
1. those who have not consented to the release and
2. Undercover officers.
• When body camera data documenting the basis for discipline is part of personnel data in final disposition of discipline.
• When made public by order of the court.
Do the law enforcement agencies have discretion to make body camera video public?
Yes, a law enforcement agency may make body camera video that is classified as confidential, protected nonpublic, private or nonpublic data accessible to the public if they have determined that
it will aid in the law enforcement process, promote public safety, or dispel widespread rumor or unrest. Minn. Stat. § 13.82, subd. 15.
A law enforcement agency may redact or withhold access to portions of data that are public when the data is “clearly offensive to common sensibilities.” Minn. Stat. § 13.825, subd. 2(5) (b). A best practice would be to review the data with the city attorney and determine what portions, if any, can be released to the public.
Yes, outside of criminal investigative data, body camera video is private data, which means the subject of the data may view the recording. If the subject requests a copy of the data, the law enforcement agency must redact the data on other individuals who do not consent to its release. The identity of an undercover law enforcement officer must also be redacted for their protection. Minn. Stat. § 13.825, subd. 4.
State statute doesn’t mandate or prohibit officer review before writing reports. Therefore, a law enforcement agency may determine by policy when the officer has access to body camera data.
Yes, the policies and procedures are public. The law also makes the following information public
• the total number of devices owned or maintained
• the daily record of devices deployed by officers
• if applicable, the specific precincts where the devices are used
• the total amount of recorded audio and video data collected
• the records retention schedule for the data, and
• The procedures for destruction of the data.
Minn. Stat. § 13.825, subd. 5.
Cities must maintain body camera data for a minimum of 90 days for not active or inactive criminal investigative data and one year for data related to:
• Discharge of a firearm by a peace officer in the course of duty (but not for discharge for training purposes or killing animals).
• Use of force by a peace officer resulting in substantial bodily harm.
• Formal complaint made against an officer related to an incident.
Can the subject of the data request that the city retain the data longer?
Yes, subjects of the data may submit a written request to retain a body camera recording beyond the applicable retention period for possible evidentiary or exculpatory use. Then, the law enforcement agency must retain the recording for an additional period of time, up to 180 days. After that extended retention period, the law enforcement agency must notify the requester that the recording will be destroyed unless a new request is made.
Can the city hold the data beyond the record retention schedule?
Yes, cities can retain body camera recordings for as long as reasonably necessary for possible evidentiary or exculpatory use related to the incident.
Contact the
League of Minnesota Cities.
The
Information Policy Analysis Division (IPAD) of the state’s Department of Administration has also issued guidance on the new law.