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<br />(c) Portable recording system data may not be shared with, disseminated to, sold to, or traded with any <br />other individual or entity unless explicitly authorized by this section or other applicable law. <br />Subd. 9. Biennial audit. <br />(a) A law enforcement agency must maintain records showing the date and time portable recording <br />system data were collected and the applicable classification of the data. The law enforcement agency <br />shall arrange for an independent, biennial audit of the data to determine whether data are <br />appropriately classified according to this section, how the data are used, and whether the data are <br />destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the <br />governing body with jurisdiction over the budget of the agency determines that the agency is not <br />complying with this section or other applicable law, the governing body may order additional <br />independent audits. Data in the records required under this paragraph are classified as provided in <br />subdivision 2. <br />(b) The results of the audit are public, except for data that are otherwise classified under law. The <br />governing body with jurisdiction over the budget of the law enforcement agency shall review the results <br />of the audit. If the governing body determines that there is a pattern of substantial noncompliance with <br />this section, the governing body must order that operation of all portable recording systems be <br />suspended until the governing body has authorized the agency to reinstate their use. An order of <br />suspension under this paragraph may only be made following review of the results of the audit and <br />review of the applicable provisions of this chapter, and after providing the agency and members of the <br />public a reasonable opportunity to respond to the audit's findings in a public meeting. <br />(c) A report summarizing the results of each audit must be provided to the governing body with <br />jurisdiction over the budget of the law enforcement agency and to the Legislative Commission on Data <br />Practices and Personal Data Privacy no later than 60 days following completion of the audit. <br />Subd. 10. Notification to BCA. <br />Within ten days of obtaining new surveillance technology that expands the type or scope of surveillance <br />capability of a portable recording system device beyond video or audio recording, a law enforcement <br />agency must notify the Bureau of Criminal Apprehension that it has obtained the new surveillance <br />technology. The notice must include a description of the technology and its surveillance capability and <br />intended uses. The notices are accessible to the public and must be available on the bureau's Web site. <br />Subd. 11. Portable recording system vendor. <br />(a) For purposes of this subdivision, "portable recording system vendor" means a person who is not a <br />government entity and who provides services for the creation, collection, retention, maintenance, <br />processing, or dissemination of portable recording system data for a law enforcement agency or other <br />government entity. By providing these services to a government entity, a vendor is subject to all of the <br />requirements of this chapter as if it were a government entity. <br />(b) A portable recording system vendor that stores portable recording system data in the cloud must <br />protect the data in accordance with the security requirements of the United States Federal Bureau of <br />Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. <br />42