2017.02.27 Public Safety Commission Packet

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5 Who can conduct an independent review for the biennial audit? State statute does not specify what makes the audit “independent.” This is a similar auditing requirement that is in the automated license plate reader (ALPR) statute, so cities could rely on their ALPR auditing practices. For further guidance, consult with the city attorney. Other questions Our department does not have body cameras. Can an officer purchase his own and wear it while on duty? No, while on duty, a peace officer may only use a portable recording system issued and maintained by the officer’s agency in documenting the officer’s activities. Minn. Stat. § 13.825, subd. 6. Do we need to tell the state if new, expanded technology is added to our body cameras? Yes, a law enforcement agency needs to notify the Bureau of Criminal Apprehension within ten days of obtaining new surveillance technology that expands type or scope of surveillance capability beyond video or audio recording. The notice must include a description of the technology, its surveillance capability, and intended use. Minn. Stat. § 13.825, subd. 10. Are there specific provisions that we need to include in our contract with a vendor for the equipment and software service? Yes, the contract must acknowledge that the vendor is subject to all of the same requirements under the Minnesota Government Data Practices Act as if it were also a government entity. The vendor is responsible for penalties for violations, including damages and attorney fees. Also, if the vendor stores data in the cloud, it must do so with the security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Minn. Stat. § 13.825, subd. 11. Are there penalties to the city if we improperly release body camera data? Yes, in addition to other remedies provided by law, a city that willfully violates portable recording system data practices requirements is subject to damages of at least twice the minimum, but not more than twice the maximum allowable for exemplary damages of not less than $1,000, nor more than $15,000 for each violation under Minn. Stat. § 13.08, subd. 1. Minn. Stat. § 13.825, subd. 12. Will the state be reviewing compliance with this law? Yes, in 2019, the legislative auditor will be reviewing how law enforcement agencies are complying with the requirements of the law. The review will include the use of agencies’ biennial audits. Minn. Stat. § 626.8473, subd. 7. Where can I get more information? The League has a Focus on New Laws: Body Camera Law and has updated the Use of Body-Worn Cameras Memo, a model Use of Body-Worn Camera Policy, and its comprehensive memo entitled Data Practices: Analyze, Classify, and Respond. The Information Policy Analysis Division (IPAD) of the state’s Department of Administration has also issued guidance on the new law in “Peace Officer Body-Worn Camera Data”.