Any ALPR stored data that may be accessed and used in compliance with the MPD ALPR Policy may be shared and provided to another law enforcement agency in compliance with all other applicable laws.
The Chief of Police or his/her designee shall arrange for an independent biennial audit of the ALPR system to verify compliance with MN 13.824.
Restrictions
Intimidation
- The BWC shall not be used for the purpose of intimidating or discouraging an individual from observing police activity, making appropriate inquiries to the police or making a complaint.
- In no event shall any recording be used or shown for the purpose of ridiculing, embarrassing or intimidating any person.
Interactions only with employees
Employees shall not use the BWC to record interactions solely with or among other department employees, except in circumstances for which BWC activation is appropriate in accordance with this policy.
Personal use
Employees shall not use the BWC for personal use or for any other reason inconsistent with this policy.
MPD equipment
Employees shall only use BWCs and BWC equipment authorized by the Department.
Disabling or interfering with BWCs
Disabling BWC equipment, intentionally interfering with audio or video recording capabilities, and altering, duplicating, deleting or destroying BWC recordings are prohibited, except by Authorized BWC Personnel in the course and scope of their lawful job duties and in accordance with record retention laws and policies and the provisions of this policy. Only the Chief or the Chief’s designee can designate such Authorized BWC Personnel.
Surveillance of protected activities
The BWC shall not be activated solely for the purpose of surveillance of, or identification of individuals engaged in constitutionally protected activities conducted in a lawful manner.
Facial recognition
BWC data shall not be:
- Used to create a database or pool of mug shots.
- Used as fillers in photo arrays.
- Searched using facial recognition software. This does not prohibit the MPD from using facial recognition software to analyze the recording of a specific incident when an investigator has reason to believe that a specific suspect, witness, or person in need of assistance was recorded.
Use by non-employees
Employees assigned a BWC shall not permit any non-employees to use or wear the BWC.
Informing the Public that a BWC is in use
- When feasible, employees are encouraged to inform members of the public that they are being recorded.
- If asked, employees should inform those inquiring that audio-video recording equipment is in use, unless doing so would be unsafe for the employees or members of the public.
Training
- Employees shall complete department authorized training in the use and operation of the BWCs prior to being assigned a BWC.
- Only those employees that have been issued a BWC and have received the department authorized training may operate a BWC.
- All MPD employees who use the BWC data storage and access systems shall receive training on these systems and this policy, prior to being granted access.
Wearing and Using the BWC
- Employees assigned a BWC shall use it in accordance with MPD training, MPD policies, and the manufacturer’s recommendations.
- Employees shall wear the BWC in accordance with MPD training, using mounting equipment provided by the Department.
- Employees shall wear the BWC facing forward on the outermost garment, in the chest area.
- The Commander of the Technology and Support Services Division (who oversees BTU) may authorize additional mounting equipment options, and may authorize alternate camera mounts with different placements for specialized units or functions.
BWC Program Responsibility
Business Technology Unit responsibility
The Business Technology Unit (BTU) is responsible for the technological aspects of the BWC program, including device support and maintenance.
Quality Assurance responsibility
The BWC Quality Assurance Unit is responsible for oversight of the BWC program, and ensuring policy adherence.
Policy Review and Audit
- The BWC program and any associated policy shall be reviewed as necessary, with any appropriate changes occurring as a result of input received.
- The BWC program shall be independently audited in accordance with existing law.
Duty to Report
All employees are required to report misconduct or other violations in accordance with the Professional Code of Conduct chapter (P&P 5-100) and the Internal Affairs Process chapter (P&P 2-100).
Assignment of BWCS
BWCs shall be assigned to all sworn personnel. BWCs may be assigned to other personnel at the discretion of the Chief of Police or the Chief’s designee.
Failure to Adhere to Policy
Employees failing to adhere to this policy or applicable laws regarding the use of BWCs and any associated data, including but not limited to restrictions regarding accessing such data, will be subject to discipline, up to and including termination.
Employee Responsibilities
Charging BWCs
Employees assigned a BWC shall keep it charged between shifts so that it is fully charged at the start of a shift.
Wearing and Powering on BWCs
In Uniform
Employees assigned a BWC and working in uniform (Class A, B, C or D in accordance with P&P 3-100) shall wear the BWC and keep it powered on at all times during their shift when they can reasonably anticipate that they may become involved in a situation for which BWC activation is appropriate in accordance with this policy.
- This also applies to employees working at a precinct front desk.
- When working in uniform, investigators assigned a BWC shall wear it in accordance with the rest of this policy.
- The Lieutenant or Commander who oversees units focused on outreach and engagement (such as the SROs or CET) may determine whether their employees should wear the BWC when working in such assignments in soft uniforms (anything other than the full uniform that bears police markings).
Plainclothes
- Employees do not need to wear the BWC during plainclothes operations in which displaying or indicating their status as a law enforcement employee would compromise the operation.
- Investigators working in plainclothes who are assigned a BWC are not required to wear it during their on-duty shift except when executing a search warrant in the field or when ordered to by a supervisor.
Entering Centers for Domestic or Sexual Violence Victim Advocacy
Employees may power off their BWCs when entering a center for domestic or sexual violence victim advocacy or assistance, as long as there will not be any interaction with a suspect. Employees shall activate as needed in accordance with the section on Activation (including for interviews).
Legal Proceedings
Employees shall power off the BWC for any court-room proceeding, deposition or similar legal proceeding. Employees shall power on and activate the BWC if a situation requiring BWC activation occurs.
Startup Checks
Employees shall conduct a BWC Startup Check to ensure that equipment is working properly at the beginning of their shift.
- A Startup check consists of activating the camera to ensure it properly enters Record Mode, and does not display any error indicators. Any problems shall be handled in accordance with the section on Problems with the BWC Equipment.
- Once the BWC is activated for the startup check, the employee shall state the following information prior to deactivating:
- Name
- Badge number (or Employee ID for civilians)
- Call sign
Problems with the BWC Equipment
- Employees shall directly notify their immediate supervisor as soon as practical of any:
- Missing equipment.
- Damaged equipment.
- Malfunctioning equipment (including when either or both of the audio or video recording functions is malfunctioning).
- A loss of BWC battery power (including if the BWC does not maintain a charge for a full regularly assigned shift).
- The notification to the supervisor must be made without unnecessary delay.
- As soon as practical, employees shall submit a ticket with the IT Service Desk to report the problems (in accordance with P&P 4-219).
- Employees shall document in the Police Report any problems they encountered with their primary BWC while responding to an incident. The employee shall also note if they are using a replacement BWC. If a Police Report is not required, the employee shall document the problems in CAD.
BWCs and Mobile Video Recording (MVR) equipment
- Employees equipped with a BWC who are operating a squad car equipped with Mobile Video Recording (MVR) equipment shall activate the MVR equipment as required by policy and shall also activate the BWC in compliance with this policy.
- Employees wearing a BWC are not required to wear an MVR microphone.
BWC Activation
Required BWC Activation
- Employees shall activate their BWC for the following circumstances:
- When dispatched or assigned to a call, BWC activation shall occur at least two city blocks away from the call for service location. If dispatched or assigned to a call less than two city blocks away, BWC activation shall occur immediately. This includes assisting squads.
- When self-initiating a call, as soon as possible and prior to contacting a person or exiting a squad.
- Prior to taking any law enforcement action.
- Prior to making an investigatory contact.
- When any situation becomes adversarial.
- Prior to assisting a citizen during in-person encounters, other than when providing basic verbal assistance (such as giving directions).
- When directed to activate the BWC by a supervisor.
- Examples of situations that require BWC activation include, but are not limited to:
- Any in-person contact (including at a precinct front desk, during a business check or while on a foot beat) involving allegations of criminal activity, suspicious or unlawful behavior, a complaint of misconduct or another situation requiring BWC activation. This includes any contact with a reporting person, victim, suspect or witness, subject to the exceptions listed in the BWC deactivation section.
- Traffic stops.
- Suspicious Person stops.
- Suspicious Vehicle stops.
- Any vehicular response requiring emergency driving or emergency response as defined by MPD P&P 7-401.
- Vehicle pursuits.
- Work-related transports not involving a ride-along or another City employee in their official capacity as a City employee.
- Any search, including but not limited to searches of vehicles, persons, and buildings. This excludes searches that could reasonably involve the presence of explosives, and also excludes protective sweeps for explosive devices.
- Any contact involving physical or verbal confrontations.
- When advising a person of their Miranda rights, if not inside of a secure law enforcement facility where the MPD is already creating a recording through another approved method.
- Any use of force situation. If a BWC is not activated prior to a use of force, it shall be activated as soon as it is safe to do so.
- Any tactical entry or forced entry into a building.
- Supervisors responding to a scene.
BWC Pre-Event Recording
The digital BWC system is present to record and store video only (no audio) prior to manual activation. The pre-event recording is included as part of the incident and is viewable during playback.
Changing Situations
If a situation changes to require BWC activation, the employee shall immediately activate the BWC as soon as it is safe to do so.
Strip Searches
- All strip searches shall be recorded by at least one person present during the entirety of the strip search, including all pre-search instructions provided to the person being searched.
- The camera shall be positioned to ensure that only audio data is collected and that the person being searched is not captured on video.
Failure to Activate
- If there is a failure to activate the BWC or a late BWC activation in any of the above situations, the employee shall document the reasons for the failure in the Police Report.
- If a report will not be prepared, the reason(s) for the failure to activate shall be documented via added remarks in CAD, as soon as practical.
- If the employee does not have access to a squad computer to enter added remarks directly, the employee shall contact MECC via radio or phone as soon as practical and request the reason(s) be added to the remarks in CAD.
- Documentation shall begin with the following prefix: “BWC:”, followed by the reason for the documentation.
Community Meetings
Unless BWC activation is otherwise required by this policy, employees do not need to activate BWC for community meetings or other community engagement activities.
Phone Calls
Nothing in the BWC activation policy precludes an employee from using the BWC to record phone calls the employee deems to be of evidentiary value or that otherwise require BWC activation.
Interviews with Crime Victims
- If employees will be conducting an initial interview with a crime victim, employees should advise the victim the camera will be on and activated during the interview.
- If the victim raises concerns with the camera being activated, the employee can turn the camera away to record audio but avoid capturing the video.
- If the victim refuses to be interviewed with the camera on, the employee may deactivate or power off the camera to facilitate the interview.
- Employees conducting interviews with victims of domestic or sexual violence should be especially sensitive to the victims’ requests (in accordance with the section on temporarily deactivating at the request of a party being contacted).
- If the employee had their camera powered off inside a center for domestic or sexual violence victim advocacy or assistance, they should power it on and activate it for the interview.
BWC Deactivation
Event Conclusion
Once activated, the BWC shall be left in the record mode until the conclusion of the event. The conclusion of the event occurs when either the employee or citizen(s) has left the scene or a detention or transport has concluded.
- If a transport involves a transfer of custody, the event is not concluded until the transfer is complete.
- When transporting arrestees to the Hennepin County Jail the transfer may be considered complete at the intake door from the secure garage (threshold of the person sally port) unless custody has been transferred prior to that point, and the BWC may be deactivated in line with Jail policy. It should remain activated within the garage while MPD retains custody and should be reactivated at the intake door if custody is returned to the MPD (it should be activated while arrestees are in the squad, being unloaded or loaded, and while being escorted to or from the person sally port).
- The BWC may be deactivated if an event has otherwise concluded but the employee remains at the scene to prepare reports or for another similar reason not involving a situation requiring BWC activation.
Critical Incidents- BWC Deactivation
All involved, witness and escort employees in a Critical Incident shall leave their BWCs activated while on scene, until directed by the Incident Commander.
- BWC deactivation must be after the Public Safety Statement is completed, at a minimum.
- When the BWCs have been deactivated in accordance with this section on Critical Incidents, employees may reactivate if they feel it is appropriate, and shall reactivate if otherwise required by the BWC policy.
Early BWC Deactivation
Narration
- If a BWC is deactivated prior to the conclusion of an event, employees shall describe the reason by narration prior to BWC deactivation.
- Supervisors deactivating to perform administrative functions shall describe the reason by narration prior to each BWC deactivation, or following reactivation.
Documentation
- If a Police Report will be prepared, the early BWC deactivation and the reason shall also be documented in the employee’s Police Report or statement in the Police Report.
- If a Police Report will not be prepared, the reason for the early BWC deactivation shall be documented via added remarks in CAD, as soon as practical.
- If the employee does not have access to a squad computer to enter added remarks directly, the employee shall contact MECC via radio or phone as soon as practical and request the reason(s) be added to the remarks in CAD.
- Documentation shall begin with the following prefix: “BWC:”, followed by the reason for the documentation.
- Supervisors performing administrative functions may summarize their associated BWC deactivations in any required documentation.
Accidental BWC Deactivation
- If an accidental BWC deactivation is discovered, the BWC shall be immediately reactivated.
- The employee shall narrate the cause of the accidental BWC deactivation as soon as practical, and shall follow the other reporting requirements for early BWC deactivations.
Stabilized Events
Notwithstanding the above, once an event has been stabilized and if the employee reasonably believes there is no longer audio or visual evidence to capture, and that none of the circumstances requiring BWC activation will likely occur, the BWC may be deactivated during activities such as:
- Monitoring assigned traffic posts.
- The incident or event is of such duration that it is necessary to deactivate the BWC to conserve power or storage.
- When guarding suspects/arrestees at a hospital, if no other BWC activation conditions are met (it must be activated if there will be contact with the suspect, if the suspect becomes combative, etc.).
Temporary BWC Deactivation
When an event is still in progress, the BWC may be temporarily deactivated in the following situations, but shall be reactivated as soon as the temporary situation has concluded or if ordered to by a supervisor, and the required documentation shall be made according to the Early BWC Deactivation section:
- To protect the identity of an employee in an undercover capacity or during a plainclothes operation.
- To protect the identity of a confidential informant.
- If a request is made for a BWC to be turned off by a party being contacted, the employee should take into account the overall circumstances and what is most beneficial to all involved, before deciding to honor the request. For example, an employee may choose to turn off the BWC if its operation is inhibiting a victim or witness from giving a statement. Factors to consider may include the type of call and the vulnerability of the victim, such as the victim of a sexual assault.
- When ordered to by a supervisor. Both the employee and supervisor shall document the reason for the BWC deactivation as described in the Report Writing section of this policy.
- During Operation 100s, only if the Incident Commander deems it necessary.
BWC Uploading and Classification
Classify events prior to upload
Classification should be done shortly after the recorded incident is concluded, and must be done prior to upload at the end of the employee’s shift.
Upload at conclusion of shift
Employees shall upload all BWC digital data at the conclusion of their shift at the BWC Designated Upload Site. Employees shall place their BWC in the assigned docking stations or utilizing other department approved BWC uploading procedures.
Classify events as appropriate
Employees shall classify recorded events as appropriate, based on the options available under the classification and storage software. Multiple categories are permitted, and all applicable categories shall be used.
- Each category used for classification is assigned a status of Public (subject to review) or Nonpublic (subject to review), based on statutory requirements. Requests for data (including by data subjects) will be handled according to the section in this policy related to Data Requests (in accordance with the Government Data Practices Act and any other applicable laws).
- Data may be held longer than the stated retention period in accordance with litigation or other legal requirements, and the section on BWC data retention [IV-C-2].
Classification options
|
Category
|
Retention Period
|
Public Status
(Subject to review)
|
|
Training
|
1 Year
|
Nonpublic
|
|
Rcrt/Academy
|
1 Year
|
Nonpublic
|
|
Accidental Activation
|
1 Year
|
Nonpublic
|
|
Startup Check
|
1 Year
|
Nonpublic
|
|
Non-Evidence/General Recording
|
1 Year
|
Nonpublic
|
|
Protected
|
1 Year
|
Nonpublic
|
|
Citizen Complaint
|
3 Years
|
Nonpublic
|
|
Evidence
|
7 Years
|
Nonpublic
|
|
Use of Force- Other
|
7 Years
|
Nonpublic
|
|
Use of Force- Substantial Bodily Harm
|
7 Years
|
Public
|
|
Police Discharge of a Firearm
|
7 Years
|
Public
|
|
Significant Event
|
*Min 7 Yrs (until manually deleted/indefinite retention)
|
Nonpublic
|
|
Non-BWC Data
|
1 Year
|
Nonpublic
|
|
Citizen Evidence
|
1 Year
|
Nonpublic
|
- The following classification options will be used:
- Category guidelines
Training: This category should be used for events that were recorded during BWC training sessions, or other training sessions where BWC data may have been recorded.
Rcrt Academy: This category is for the sole purpose of Academy staff and Recruits/Cadets for scenario video feedback. Video with this category shall not be accessed by anyone other than Academy staff, Recruits, Cadets and other personnel with written permission from the Academy Lieutenant or Training Division Commander.
Accidental Activation: This category should be used for inadvertent BWC activations by the employee or inadvertent BWC activations by an automatic signal.
Startup Check: This category should be used for the required BWC equipment checks done at the start of a shift, known as Startup Checks.
Non-Evidence/General Recording: This category should be used for recordings not associated with a call for service, offense, citation, arrest, report of crime or citizen complaint. This category includes events such as general citizen contacts that would not be considered evidence.
Protected: This category should be used for all recordings requiring a special level of review such as those capturing individuals with confidential identities or proprietary tactics.
Citizen Complaint: This category should be used for all recordings associated with any complaint of misconduct by a member of the public.
Evidence: This category should be used for all recordings associated with any call for service, offense, citation, arrest or report of crime (regardless if the employee believes there is actual evidence captured in the recording). This includes all related recordings such as witness statements or other evidence.
Use of Force-Other: This category should be used for all recordings in which use of force was captured, where the force resulted in no injuries or less than substantial bodily harm.
Use of Force- Substantial Bodily Harm: This category should be used for all recordings in which use of force was captured, where the force resulted in injuries with substantial or greater bodily harm or death.
Police Discharge of a Firearm: This category should be used for all recordings in which a firearm discharge by an employee was captured, where a notice is required under MN Statute section 626.553 Subd. 2.
Significant Event: This category should be used for any recording related in any way to any one of the following situations:
- Critical Incident;
- Homicide;
- Pursuit involving injuries or significant property damage;
- Squad accident involving injuries or significant property damage;
- Man-made or natural disaster or act of terrorism;
- Any event that an employee or supervisor believes should be brought to the immediate attention of police command staff.
Non-BWC Data: This category should be used for any file uploaded that is not a BWC video recorded by MPD.
Citizen Evidence: This category should be used for digital evidence collected by a citizen from their own digital collecting device (such as a cell phone or home/business security camera) and shared with the MPD for use in a criminal, civil, or internal investigation.
Case number required
- Whenever a case number is generated from CAD, employees shall provide the associated case number in the “ID” field for all related BWC data.
- When entering the number, it shall be in the standard format of YY-xxxxxx (ex. 16-123456). The dash must be included and no other characters will be used.
Protected category requirement
If the Protected category is applied, the employee shall also add “PROTECTED” at the beginning of the Title field.
Critical Incidents- BWC Uploading and Custody of BWC equipment
- When MPD is the investigating agency, involved and witness employees shall maintain custody of their BWC equipment until Crime Lab personnel take custody of the equipment.
- In the event that any employees will be photographed as part of the Critical Incident protocol (see P&P 7-810), the employees shall leave BWC equipment on their uniform until photographs are completed.
- Authorized Crime Lab personnel are responsible for ensuring any BWC recordings are properly uploaded.
- Once all uploads are completed, the assigned investigators are responsible for authorizing release of the BWC equipment to the employee or other appropriate personnel.
- In the event that Crime Lab personnel are unable to take custody of the BWC, the on-scene investigators shall coordinate custody of the BWC and BWC uploading.
- When MPD is the investigating agency, all employees except involved and witness employees shall upload their BWC data as soon as possible, and no later than the conclusion of their shift.
- When investigation of the incident is transferred to another law enforcement agency, employees shall provide their BWC to the investigating agency.
- BWC uploading and physical custody of the BWC will be coordinated with assigned MPD investigators and the outside investigating agency.
Report Writing
Data Access
BWC data may only be accessed in accordance with the section [IV-D] relating to Access of BWC Data and Request for Duplication of Recordings.
Critical Incidents
- To capture and document the employees’ perceptions and recollections uninfluenced by outside sources, and in accordance with P&P 7-810, involved and witness employees in Critical Incidents are prohibited from reviewing BWC data prior to making their initial Police Report or statement in the Police Report.
- If authorized by the Chief of Police to review BWC data after making their initial Police Report (in accordance with P&P 7-810), employees may add an additional narrative text after review but shall not alter the initial report.
Incidents that are not Critical Incidents
In incidents that are not Critical Incidents, employees may review BWC data in accordance with the section [IV-D] relating to Access of BWC Data and Request for Duplication of Recordings.
Items about BWC usage to include in Police Report
When a Police Report is made, employees shall document the following in the Police Report:
- Whether audio or video evidence was gathered relating to the events described in the report.
- If the BWC was not activated as required and the reason(s) why not, in accordance with the Activation section.
- Early or accidental BWC deactivations, in accordance with the BWC Deactivation section.
- Any malfunction of the BWC equipment in either the recording or the BWC uploading of the event.
Off-Duty
Use BWC during uniformed off-duty work
Employees assigned a BWC shall use it during off-duty work when it is within the city of Minneapolis and involves wearing the MPD uniform, and the employees shall comply with the BWC policy.
BWC use only for approved jobs
BWC use is allowed only for approved off-duty jobs within the City of Minneapolis, and only while wearing the MPD uniform.
BWC uploading from off-duty shifts
- Any audio/visual data regarding a use of force by or against an employee, or data that may be evidence in a criminal case, shall be uploaded in the same manner as if the data had been collected while on duty.
- All other BWC data recorded during off-duty work shall be uploaded by the start of the next on-duty shift, as long as the shift begins within 48 hours of the off-duty shift’s conclusion. If the next on-duty shift will begin more than 48 hours later the BWC data shall be uploaded at the conclusion of the off-duty shift.
No MPD BWC use for other agencies
Employees shall not use MPD-issued BWCs while working for another law enforcement agency.
Supervisor Responsibilities
Ensure employees follow procedures
Supervisors shall ensure that employees follow established procedures for the use and maintenance of BWC equipment and the completion of BWC documentation. This includes the review of BWC recordings and usage data to ensure proper procedures are being followed.
- The MPD BWC Quality Assurance Unit will establish minimum standards for the review of BWC recordings and usage data. Supervisors shall conduct reviews of BWC recordings and usage data in accordance with these standards.
- Precinct Inspectors or Division Commanders may also direct their assigned personnel to conduct additional reviews of BWC recordings and usage data that exceed the standards established by the MPD BWC Quality Assurance Unit.
Problems with the BWC Equipment
- Supervisors shall ensure that appropriate measures are taken when informed of any problems with BWC equipment. This includes ensuring a ticket is submitted for the problematic equipment (P&P 4-219), replacing the BWC in question, and making any necessary reports.
- Supervisors shall ensure that employees who report an inoperable or damaged BWC are provided with a temporary or replacement BWC as soon as possible, and no later than the beginning of the employee’s next shift. This may include temporarily assigning a BWC that is not currently being used.
- If the employee is using a replacement BWC (as provided by BTU or the employee’s supervisor), the supervisor shall reassign the recordings accordingly.
Respond to the scene
Supervisors shall respond to the scene of an incident that requires immediate retrieval of recordings and ensure appropriate BWC uploading procedures are followed.
For incidents not considered to be Critical Incidents
- If an incident occurs that involves substantial or great bodily harm or death, the supervisor shall ensure that employees upload the video as soon as practical following any necessary duties as part of the incident.
- The same requirements shall apply to any incident the supervisor deems may be a “high profile” incident.
- For Critical Incidents
For Critical Incidents, equipment and BWC uploading shall be handled according to the Uploading and Classification Critical Incident section.
Review pertinent video
When conducting force reviews or complaint investigations, supervisors shall view any pertinent BWC video as part of the review (including from witness employees). Supervisors may also view pertinent BWC video as part of any other administrative review.
BWC Data Retention
- Data will be maintained in a storage system designated and approved by the Department.
- All data will be backed up by the storage system vendor.
- BWC video shall only be stored in a database that is CJIS compliant (such as evidence.com, One Drive and Share Point). BWC video shall not be stored in any other database, including the M drive. Video shall not be stored on computer hard drives.
- Data will be retained in accordance with applicable law, this policy and the City of Minneapolis records management retention schedule. Data may be retained past the scheduled retention period as required by MN Statute section 13.825 Subd. 2 and Subd. 3.
Access to BWC Data and Requests for Duplication of Recordings
Permission required for system access
Access to the department authorized storage system shall only be granted with written permission from the Commander of the Technology and Support Services Division (who oversees BTU), and only for a legitimate, specified law enforcement purpose.
- Such permission must include the level of access to be granted to the individual, and any other restrictions that should be placed on the access.
- BTU will periodically review the user access list to ensure that access levels are appropriate and have been duly authorized.
Documentation of access data
All accesses of the BWC data are documented automatically as part of the BWC vendor technology. Data relating to accesses will be retained in accordance with the retention schedule for the BWC data that was accessed.
Requests for data
All BWC recordings are the property of the MPD and original BWC recordings shall remain in the sole custody of the MPD, unless necessary for the preparation of civil, criminal or administrative matters, used in court as evidence, provided to an expert for analysis, provided to another law enforcement agency in the scope of their investigation, if required to be provided to another by lawful order or as may otherwise be required by the Minnesota Government Data Practices Act or other applicable law.
MPD records policy
All recordings shall be handled in accordance with the Department’s records policy (P&P 4-501).
Public requests and redaction
Public requests for BWC recordings shall be referred to the Records Information unit and will be considered in accordance with the Minnesota Government Data Practices Act or other applicable law.
- The public, non-public or confidential status will be determined in accordance with the Minnesota Government Data Practices Act or other applicable law in relation to the specific request.
- Data subjects have access to the data, subject to the conditions in the Data Practices Act, including but not limited to MN Statute section 13.825.
- All entities with access to the BWC data are responsible for ensuring they only handle and release BWC data in accordance with MN Statute.
- Any necessary and lawful redaction or other editing of BWC recordings shall only be completed by Authorized BWC Personnel in the course and scope of their lawful job duties and in accordance with record retention laws and policies and the provisions of this policy.
- Data that are public may be redacted or access may be withheld to portions of the data if those portions of data are clearly offensive to common sensibilities, in accordance with MN Statute section 13.825 Subd. 2.
- If a data subject requests that data or requests that it be made public, data on other subjects will be redacted as required by MN Statute section 13.825, where applicable.
- The original recording shall remain intact and stored within the department authorized storage system in accordance with record retention laws and policies.
MPD personnel requests for duplication
Requests by MPD personnel for duplication of BWC data for purposes of official MPD business shall be directed to the Records Information unit.
Outside agency requests for duplication
Requests by outside agencies for duplication of BWC data shall be directed to the Records Information unit.
Sharing BWC recordings with public or employees
Employees shall not share BWC recordings with any member of the public or any MPD employee, unless it is required in the performance of their official duties and consistent with State and Federal law.
Sharing with partner agencies
Employees may share BWC data with a partner agency when:
- The BWC data is shared with an approved City department or government agency as necessary for the administration and management of programs specifically authorized by the legislature or local governing body or mandated by the federal government.
- The BWC data is shared to aid another public safety agency in an active criminal investigation.
Data use for training purposes
Recorded data may only be replayed or displayed for training purposes with the approval of the Deputy Chief of the Professional Standards Bureau. Nothing herein prohibits Training Division staff from having access to BWC recording for the purpose of planning training.
Data access by employees or as evidence
Data captured by a BWC may be accessed by an employee, provided the access is in the course and scope of the employee’s lawful job duties, or used as evidence relating to:
- Pending administrative, criminal, civil or traffic matters;
- A complaint of misconduct made against an employee
- In situations where evidence of employee misconduct is discovered during the course of authorized access (including force reviews);
- A random or uniform review of BWC data with regard to equipment functionality, policy compliance; or
- Any other purpose authorized under this policy and consistent with State and Federal law.
Data access in Critical Incidents
In any Critical Incident, video and audio data shall not be accessed unless approved by the assigned investigating agency.
No duplication of data by recording devices
Employees are prohibited from using recording devices to duplicate BWC video or audio in any form, including cell phones or video cameras.
Notice to Data Subjects
- If a person brings an action in district court under MN Statute section 13.825 Subd. 2, the MPD shall give notice to any data subjects in the video in question who did not receive notice from the person bringing the action, if known.
- If the MPD has retained a recording in accordance with MN Statute section 13.825 Subd. 3 paragraph (c), the MPD shall notify the requester after the time period is up that the recording will then be destroyed unless a new request is made under that paragraph.
- If the MPD discovers or is notified of a breach in the security of the data, data subjects, if known, will be notified in accordance with MN Statute section 13.055, Subd. 2.
Uploading Non-BWC Data
For all video, audio or photographic data uploaded to the storage system that was not video captured by an MPD-issued BWC, employees shall follow the requirements in the Uploading and Classification section where applicable, as well as the following requirements:
- The category of “Non-BWC Data” shall be applied, along with all other applicable categories.
- Whenever a case number is generated from CAD, employees shall provide the associated case number in the “ID” field for all related data.
- When entering the number, it shall be in the standard format of YY-xxxxxx (ex. 16-123456). The dash must be included and no other characters will be used.