Body Camera Program
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Police-Worn Body Camera Data    DOA IPAD Logo Template_datapractices_tcm36-300861

Classification and Retention
  • Body cam data are generally private/nonpublic, except when the data are active criminal investigative data. (§ 13.825, subd. 2(a)(3))
  • Active criminal investigative body cam data are confidential/protected nonpublic. (§ 13.825, subd. 2(a)(3)§ 13.82, subd. 7)
  • Body cam data that are not active or inactive criminal investigative data must be retained for at least 90 days. (§ 13.825, subd. 3)
  • After an investigation is complete, body cam data are public if they document an incident where an officer discharges a weapon in the course of duty (not including training or killing an animal) and the data must be retained for at least one year. (§ 13.825, subd. 2, 3)
  • After an investigation is complete, body cam data are public if the recording documents the use of force by a peace officer that results in substantial bodily harm and the data must be retained for at least one year. (§ 13.825, subd. 2, 3)
  • Body cam data that are public personnel data under § 13.43, subd. 2 remain public. (§ 13.825, subd. 2(a)(4))
  • Whether law enforcement used a body cam (or any portable recording system) is public in the context of arrest data (§ 13.82, subd. 2) and response or incident data. (§ 13.82, subd. 6)
  • Law enforcement agencies may release any not public body cam data to the public to aid law enforcement, promote public safety, or dispel rumor or unrest. (§ 13.82, subd. 15)

Body Cam Data Subjects

  • Subjects of the data (i.e. the person(s) recorded in the footage), including peace officers, have access to private/nonpublic data and may request to have the data made public. (§ 13.825, subd. 2(a)(2))
  • When a data subject requests that private data be made public, law enforcement must redact identities of non-consenting data subjects and undercover officers. (§ 13.825, subd. 2(a)(2); subd. 4)

Data Sharing

Section 13.825 limits the sharing of not public body cam data between law enforcement agencies (§ 13.825, subd. 8) and requires agencies that use body cams to arrange for an independent, biennial audit to ensure compliance (§ 13.825, subd. 9).Section 626.8473 requires a law enforcement agency to allow for public comment and to create written policies and procedures before it purchases body cams or implements a body cam program. Such policies and procedures must be in place by January 15, 2017.Law enforcement agencies that use body-worn cameras are required to conduct biennial independent audits of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with the law. Law enforcement must forward a report summarizing the results of the audit to the governing body within the jurisdiction and to the Legislative Commission on Data Practices and Personal Data Privacy.

Public Comment

Section 626.8473 requires a law enforcement agency to allow for public comment and to create written policies and procedures before it purchases body cams or implements a body cam program. Such policies and procedures must be in place by January 15, 2017.

Audits

Law enforcement agencies that use body-worn cameras are required to conduct biennial independent audits of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with the law. Law enforcement must forward a report summarizing the results of the audit to the governing body within the jurisdiction and to the Legislative Commission on Data Practices and Personal Data Privacy

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DCSO Body Worn Camera Public Hearing Notice


Dodge County Sheriff's Office Body Camera Policy

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