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4 3) procedures to address a system malfunction or failure, including requirements for documentation by the officer using the system at the time of a malfunction or failure; Appendix A, SAPD Policy 30-3 Member Responsibilities. 4) circumstances under which recording is mandatory, prohibited, or at the discretion of the officer using the system; Appendix A, 30-7 Activation of the audio/video recorder. 30-7-1 Cessation of recording. 30-7-2 When activation is not required. (5) circumstances under which a data subject must be given notice of a recording; Appendix A, 30-7-3 Surreptitious recordings. (6) circumstances under which a recording may be ended while an investigation, response, or incident is ongoing; Appendix A, 30-7 Activation of the audio/video recorder. 30-7-1 Cessation of recording. 30-7-2, When activation is not required. (7) procedures for the secure storage of portable recording system data and the creation of backup copies of the data; and Appendix A, 30-9 Recording media storage and integrity. 30-9-1 Copies of recording media. (8) procedures to ensure compliance and address violations of the policy, which must include, at a minimum, supervisory or internal audits and reviews, and the employee discipline standards for unauthorized access to data contained in section 13.09. Appendix A, 30-4 Supervisor responsibilities. 30-5 Administrator responsibilities. 30-6 Coordinator. 30-14 Accountability. 30-15 Sanctions for misuse of recorded media. 30-16 Training. The law adds a new public comment provision to Minnesota Statutes (Appendix C). The law enforcement agency and city council must provide an opportunity for public comment before purchasing or implementing a system. The law enforcement agency also has to provide an opportunity for public comment before written policy adoption. (Why we are here today). In addition, adopted policies must be posted on the law enforcement agency’s website. Data classifications, access procedures, retention policies, and data security safeguards must be included in policy. At a minimum, written policies must meet the requirements of chapter 13 and other applicable law. Minnesota Statute 13.825 PORTABLE RECORDING SYSTEMS, Appendix D, establishes data classifications, access procedures, retention policies, and data security safeguards that must be included in policy. • This comprehensive package of legislation on law enforcement use of BWC’s consists of: Subd. 1. Application; definition. Subd. 2. Data classification. Subd. 3. Retention of data. Subd. 4. Access by data subjects. Subd. 5. Inventory of portable recording system technology. Labelled, categorized and stored. 22