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Subdivision 1. Definition. As used in this section, "portable recording system" has the meaning provided in section 13.825, subdivision 1. Subd. 2. Public comment. A local law enforcement agency must provide an opportunity for public comment before it purchases or implements a portable recording system. At a minimum, the agency must accept public comments submitted electronically or by mail, and the governing body with jurisdiction over the budget of the law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting. Subd. 3. Written policies and procedures required. (a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2. Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the agency's Web site, if the agency has a Web site. (b) At a minimum, the written policy must incorporate the following: (1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law; (2) procedures for testing the portable recording system to ensure adequate functioning; (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; (4) circumstances under which recording is mandatory, prohibited, or at the discretion of the officer using the system; (5) circumstances under which a data subject must be given notice of a recording; (6) circumstances under which a recording may be ended while an investigation, response, or incident is ongoing; (7) procedures for the secure storage of portable recording system data and the creation of backup copies of the data; and (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 D M.S.S. 13.825 PORTABLE RECORDING SYSTEMS. 38