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<br />2 <br />it will aid in the law enforcement process, promote public safety, or dispel widespread rumor or <br />unrest. Minn. Stat. § 13.82, subd. 15. <br /> <br />We have video that is public but very graphic. Do we have to release it? <br />A law enforcement agency may redact or withhold access to portions of data that are public when <br />the data is “clearly offensive to common sensibilities.” Minn. Stat. § 13.825, subd. 2(5) (b). A best <br />practice would be to review the data with the city attorney and determine what portions, if any, can <br />be released to the public. <br /> <br />Who are considered subjects of the data? <br />Any individual or entity whose image or voice is on portable system recording data is a subject of <br />the data. This includes on-duty peace officers engaged in an investigation or response to an <br />emergency, incident, or request for service. While subjects of the data generally have the right to <br />be redacted from any data released, an on-duty officer may not be redacted from such data. Minn. <br />Stat. § 13.825, subd. 4. <br /> <br />Can the individual who interacted with a peace officer view the body camera video? <br />Yes, outside of criminal investigative data, body camera video is private data, which means the <br />subject of the data may view the recording. If the subject requests a copy of the data, the law <br />enforcement agency must redact the data on other individuals who do not consent to its release. <br />The identity of an undercover law enforcement officer must also be redacted for their protection. <br />Minn. Stat. § 13.825, subd. 4. <br /> <br />Can an officer review body camera video before writing their report of the incident? <br />State statute doesn’t mandate or prohibit officer review before writing reports. Therefore, a law <br />enforcement agency may determine by policy when the officer has access to body camera data. <br /> <br />Can a peace officer, or law enforcement personnel, review body camera data from another <br />officer? <br />With written approval by the police chief, sheriff, or head of the law enforcement agency, or their <br />designee, law enforcement personnel may have access to the data for a legitimate, specified law <br />enforcement purpose. The responsible authority for a law enforcement agency must establish <br />written procedures for how to obtain access. Minn. Stat. § 13.825, subd. 7(b). <br /> <br />Is there a way for the public to challenge the data classification of a particular piece of body <br />camera data? <br />Yes, this law establishes a procedure allowing a person to bring an action in district court to <br />authorize the disclosure of the data classified as private or nonpublic. A person may also bring an <br />action in district court challenging the redaction or withholding of data because of a “clearly <br />offensive to common sensibilities” determination. Minn. Stat. § 13.825, subd. 2(5) (d). <br /> <br />Are the body camera policies and procedures public? <br />Yes, the policies and procedures are public. The law also makes the following information public <br />• the total number of devices owned or maintained <br />• the daily record of devices deployed by officers <br />• if applicable, the specific precincts where the devices are used