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6 any data released, an on-duty officer may not be redacted from such data. Outside of criminal investigative data, body camera video is private data, which means the subject of the data may view the recording. If the subject requests a copy of the data, the law enforcement agency must redact the data on other individuals who do not consent to its release. The identity of an undercover law enforcement officer must also be redacted for their protection. Retention Cities must maintain body camera data for a minimum of 90 days for non-active or inactive criminal investigative data and one year for data related to: • Discharge of a firearm by a peace officer in the course of duty (but not for discharge for training purposes or killing animals). • Use of force by a peace officer resulting in substantial bodily harm. • Formal complaint made against an officer related to an incident. See Appendix E which depicts a non-inclusive list of SAPD retention periods that are reflective of the requirements found in chapter 13. The retention periods listed will provide department personnel the opportunity to retain the data according to guidelines outlined by Minnesota Data Practices. If any video or audio recordings are obtained in the body worn camera DVR system that is related to death or homicide; those recordings must be saved on a DVD and placed in the case file to be retained permanently in accordance with Minnesota Data Practices. These retention periods are consistent with regard to BWC’s and our current in car Mobile Video Recording systems (MVR), which are already established in policy. Subjects of the data may submit a written request to retain a body camera recording beyond the applicable retention period for possible evidentiary or exculpatory use. When received, the law enforcement agency must retain the recording for an additional period of time, up to 180 days. After that extended retention period, the law enforcement agency must notify the requester that the recording will be destroyed unless a new request is made. Individual cities can decide to retain body camera recordings for as long as reasonably necessary for possible evidentiary or exculpatory use related to the incident. Circumstances under which recording is Mandatory, Prohibited, or Discretionary Policy pertaining to the activation of the BWC is not intended to describe every possible situation in which the recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The recorder should be activated in any of the following situations: • All enforcement and investigative contacts including stops and field interview (FI) situations. These may include, but are not limited to pedestrian stops, suspicious persons, curfew violations, people suspected of committing crimes. • Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops. • Self-initiated activity in which a member would normally notify the Hennepin County or Ramsey County Communications Dispatch Centers. 24