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<br />4 <br />uses or plans to use a portable recording system must establish and enforce a written policy <br />governing its use. Minn. Stat. § 626.8473, subd. 3. <br /> <br />What are the requirements for written policies? <br />Written policies must address eight topics: <br />1. Data classifications, access procedures, retention policies, and data security safeguards. <br />2. Testing of the portable recording systems. <br />3. System malfunction or failure, including documentation requirements. <br />4. Circumstances when recording is mandatory, prohibited, or at officer discretion when <br />using the system. <br />5. Circumstances when a subject of the data must be given notice of a recording. <br />6. Circumstances under which a recording may be ended while an investigation, response, <br />or incident is ongoing. <br />7. Secure storage and creation of backup copies of the data. <br />8. Compliance and violations of policy, which must include supervisory or internal audits <br />and reviews, and employee discipline standards for unauthorized access. <br />The law enforcement agency has discretion on how to address each topic. <br /> <br />Is public comment required before adopting written policies? <br />Yes, law enforcement agencies also have to provide an opportunity for public comment on written <br />policies, minimally allowing for electronic or mailed comments. <br /> <br />If a police department has already purchased and implemented a body camera system prior <br />to the effective date of the law, is it still required to have a public comment period as <br />required by the new law? <br />Probably not unless the city is adopting a new policy or amending an old one to be compliant with <br />the new law. There is nothing in the law to suggest that the public comment provisions are <br />required of cities that have already implemented body cameras and adopted compliant written <br />policies. The city should review the existing policy and procedures to make sure it has addressed <br />all of the minimum requirements in statute, Minn. Stat. § 626.8473, subd. 3. <br /> <br />Are there any posting requirements for body camera policies? <br />Yes, adopted policies must be posted on the law enforcement agency’s website, if it has one. <br /> <br />Audit responsibilities <br />What are the city’s audit responsibilities? <br />The statute requires a biennial (every two years) “independent audit” to be presented to the city <br />council to determine if the law enforcement agency is in compliance. Minn. Stat. § 13.825, subd. <br />9. If not, the city council can order additional independent audits. If the city council finds that there <br />is a pattern of substantial noncompliance, it must suspend the use of portable recording systems <br />until the city council reinstates their use. Suspension can only happen after providing the law <br />enforcement agency and the public a reasonable opportunity to respond to the audit findings in a <br />public meeting.