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5 <br /> <br />Subd. 6. Use of agency-issued portable recording systems. <br />Subd. 7. Authorization to access data. <br />Subd. 8. Sharing among agencies. <br />Subd. 9. Biennial audit. <br />Subd. 10. Notification to BCA. <br />Subd. 11. Portable recording system vendor. <br />Subd. 12. Penalties for violation. <br /> <br /> <br />Noteworthy references among this comprehensive package of legislation on law enforcement use of <br />BWC’s includes: classification of data, retention of data, access by data subjects, authorization to access <br />data and Biennial Audit. <br /> <br />Per state statute, body camera audio and video is private data on individuals or nonpublic data. Private <br />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 camera <br />data that is part of an active criminal investigation is generally confidential and not available to the <br />public or the data subject. <br /> <br />Body camera data is generally public in the following situations (Appendix D): <br /> <br />• When a peace officer discharges a firearm in the course of duty (but not a discharge for training <br />purposes or killing of 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 by <br />blurring video or distorting audio - of: <br />1. those who have not consented to the release and <br />2. undercover officers. <br /> <br />• When body camera data documenting the basis for discipline is part of personnel data after final <br />disposition of discipline. <br />• When made public by order of the court. <br /> <br /> <br />In situations beyond those stated above, law Enforcement agencies have discretion to make body <br />camera video public. A law enforcement agency may make body camera video that is classified as <br />confidential, protected nonpublic, private or nonpublic data accessible to the public if they have <br />determined that it will aid in the law enforcement process, promote public safety, or dispel widespread <br />rumor or unrest. <br /> <br />A law enforcement agency may redact or withhold access to portions of data that are public when the <br />data is “clearly offensive to common sensibilities.” A best practice would be to review the data with the <br />county and/or city attorney and determine what portions, if any, can be released to the public. <br /> <br />Any individual or entity whose image or voice is on portable system recording data is a subject of the <br />data. This includes on-duty peace officers engaged in an investigation or response to an emergency, <br />incident, or request for service. While subjects of the data generally have the right to be redacted from <br />23