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<br /> <br />Frequently Asked Questions on Portable Recording Systems <br />(Police Body Worn Cameras) <br />August 8, 2016 <br /> <br />The following are frequently asked questions about 2016 Minn. Law Chapter 171, §§ 5-7, the law <br />on portable recording systems (police body worn cameras). The effective date of this law is Aug. 1, <br />2016. <br /> <br />What audio and video data is covered by the new law? <br />It is data captured by a device worn by a peace officer that is capable of both audio and video <br />recording. Accordingly, in most cases it will not be “dash cam” video or data generated from audio <br />or video recordings by other city staff. In this FAQ, such data is informally known as ‘body <br />camera’ data. <br /> <br />Data practices implications <br />What is the data classification for body camera audio and video? <br />Generally, with several notable exceptions it is private data on individuals or nonpublic data. <br />Private data on individuals or nonpublic data is accessible to the data subject and those whose job <br />responsibilities reasonably require access, but it is not generally accessible to the public. Body <br />camera data that is part of an active criminal investigative data is generally confidential and not <br />available to the public or the data subject. <br /> <br />When is body camera data public? <br />Body camera data is public in the following situations: <br />• When a peace officer discharges a firearm in the course of duty (but not discharge for <br />training purposes or killing animals). <br />• When use of force by a peace officer results in “substantial bodily harm”. <br />• When a data subject requests that the data be made accessible to the public - after redacting <br />by blurring video or distorting audio - of: <br />1. those who have not consented to the release and <br />2. Undercover officers. <br />• When body camera data documenting the basis for discipline is part of personnel data in <br />final disposition of discipline. <br />• When made public by order of the court. <br /> <br />Do the law enforcement agencies have discretion to make body camera video public? <br />Yes, a law enforcement agency may make body camera video that is classified as confidential, <br />protected nonpublic, private or nonpublic data accessible to the public if they have determined that