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2018.11.27 WS
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2018.11.27 WS
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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 12/15/2017 <br />Use of Body-Worn Cameras Page 2 <br />meetings. Third, agencies must allow for public comment and input when <br />developing their BWC policies. <br /> <br /> <br /> <br /> <br /> <br /> <br />Minn. Stat. § 13.825, subd. <br />10. <br />Next, the legislation appears to be forward looking in that it anticipates <br />further evolution of BWC technologies. It requires agencies that obtain <br />BWC equipment with capabilities that go beyond recording video and audio <br />to notify the BCA of these acquisitions within 10 days. In turn, these <br />notifications will be accessible to the public and must be posted on the <br />BCA’s website. <br /> <br /> <br /> <br />Minn. Stat. § 13.825, subd. <br />10. <br />Finally, the new legislation imposes independent audit requirements on <br />agencies that operate BWC programs. Agencies will be required to arrange <br />for an independent biennial audit to determine whether they are classifying <br />data as required by law, how the data is being used, and whether the data is <br />being purged and destroyed as required by statute. The audits must also <br />examine whether personnel have obtained unauthorized access to BWC data <br />or inappropriately shared data with other agencies. The audit results are <br />public with few exceptions, and must be reviewed by the governing body. In <br />turn, the law mandates the governing body to order the suspension of a <br />BWC program if the audit shows a pattern of substantial noncompliance <br />with legal requirements. Summaries of the audit results must be provided to <br />the Legislative Commission on Data Practices and Personal Data Privacy <br />within 60 days following completion of the audit. <br /> III. Policy requirements <br /> <br /> <br />Minn. Stat. § 626.8473, subd. <br />3. <br /> <br /> <br /> <br />PERF Policy. <br />Minnesota’s new legislation mandates that agencies have a written policy to <br />govern their BWC programs. Professional organizations, including the <br />International Association of Chiefs of Police (IACP) and the Police <br />Executive Research Forum (PERF) have released model policies in the past <br />to aid agencies in developing their own guidelines. While these may be <br />useful references, Minnesota law now lists a number of areas that must be <br />covered by the policy, including state-specific rules on the administration <br />and retention of BWC data. The 2016 state law identifies the following as <br />mandatory policy elements:
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