Police Body-Worn Camera
Bill Signed Into Law
On May
31, Governor Dayton signed into law Chapter 171 - S.F.No. 498, the much discussed and debated
“Body Camera Bill” to address how data created by police body-worn cameras (“body
cams”) are classified and managed throughout the state. The bill, which amends portions
of Minn. Stat. § 13.82 and creates a new section 13.825, contains the following
notable features:
Body Cam Data Classification and
Retention
- Other
than active criminal investigative data, data collected/created by body cams
are generally classified as private/nonpublic and the data that are not
active or inactive criminal investigative data must be retained for at least 90 days. (§ 13.825, subd. 2, 3)
- Active criminal investigative body
cam data are confidential/protected
nonpublic and body cam data that are inactive investigative data are
private/nonpublic. (§ 13.825, subd. 2(a)(3); § 13.82, subd. 7)
- Body
cam data are public if it documents an incident where an officer
discharges a weapon in the course of duty (not including training or killing
an animal) and the data must be retained for at least one year. (§ 13.825, subd.
2, 3)
- Body
cam data are public if the recording documents the use of force by a peace
officer that results in substantial bodily harm and the data must be retained for
at least one year. (§ 13.825, subd. 2, 3)
- Body
cam data that are public personnel data under § 13.43, subd. 2 remain public. (§ 13.825, subd. 2(a)(4))
- Law
enforcement’s use of a body cam (or any portable recording system) is public in
the context of arrest data (§ 13.82, subd. 2) and response or incident data. (§
13.82, subd. 6)
- Law
enforcement agencies may release any private/nonpublic body cam data to the
public to aid law enforcement, promote public safety, or dispel rumor or
unrest. (§ 13.82, subd. 15)
Body Cam Data Subjects
-
Subjects
of the data (i.e. the person(s) recorded in the footage), including peace
officers, have access to the private/nonpublic data and may request to have the
data made public. (§ 13.825, subd. 2(a)(2))
- Publicly-released
data must have redacted the identities of non-consenting data subjects and
undercover police officers. (§ 13.825, subd. 2(a)(2); subd. 4)
Section
13.825 limits the sharing of not public body cam data between law
enforcement agencies (§ 13.825, subd. 8) and requires agencies that use body cams
to arrange for an independent, biennial audit to ensure compliance (§ 13.825,
subd. 9). The amendments to § 13.82 and the new § 13.825 requirements are
effective August 1, 2016.
The new
law also creates § 626.8473, which requires a law enforcement agency to allow
for public comment and to create written policies and procedures before it
purchases body cams or implements a body cam program. Such policies and
procedures must be in place by January 15, 2017.
Finally,
the new law requires the Legislative Auditor to review compliance with the
requirements in §§ 13.825 and 626.8473 and submit the results to the
legislature by January 15, 2020.
Other Data Practices Legislation
Unemployment
Insurance Data - Minn. Stat. § 268.19,
subd. 1(a)(15): Allows
sharing of data gathered under the administration of the Minnesota Unemployment Insurance Law with the Department of Corrections for the
purposes of probation-case planning and internal research. Effective August 1, 2016. (Ch. 149, sec. 1)
Predatory Offender Status - Minn. Stat. § 626.556; § 299C.093: Permits law enforcement to disclose an individual’s
status as a predatory offender to a child protection worker with a local social
services agency for purposes of doing a family assessment under § 626.556. Effective August 1, 2016. (Ch. 136, secs.
2-3)
Organ Donor Data; Hunting and Fishing Licensing - Minn.
Stat. § 97A.408 (new): Requires the hunting and fishing license
application system to allow applicants to become an organ
or tissue donor. The name and address of the any applicant giving such consent must
be shared with the appropriate federal organ procurement organization, but that
data remains private at both the originating entity and at the procurement
organization. Effective March 1, 2017.
(Ch. 131, sec. 2)
Broadband Deployment Data and Maps - Minn. Stat. § 116J.397
(new): Classifies data provided to the Department of Employment and Economic Development's Office of
Broadband Development by a broadband provider as nonpublic
data. Classifies broadband-deployment maps produced under this section as
public data. Effective June 2, 2016.
(Ch. 189, art.
5, sec 7)
Radon Testing and Mitigation Data - Minn. Stat. § 13.3805,
subd. 5 (new): Classifies
data maintained by the Department of Health that identify the address of radon
testing or mitigation, or identify the resident(s)/owners(s) of that address,
as private/nonpublic data. Effective August
1, 2016. (Ch. 189, art.
20, sec. 1)
Quality of Care Complaints - Minn. Stat § 62D.115 (new): Requires health maintenance organizations (HMOs)
to create a quality of care complaint investigation process and to submit an annual summary to the Department of Health Commissioner. HMOs are required to maintain complaint records for
five years and data documenting complaints and resolutions are
classified as confidential/protected nonpublic data. Effective August 1, 2016. (Ch. 189, art.
20, sec. 4)
Coordination with National Health Information Technology Activities - Minn. Stat. § 62J.495, subd. 4: Requires the Department of Health Commissioner to assess
Minnesota’s legal, financial, and regulatory framework for health information
exchange and to make recommendations on secure data exchange methods between
health care providers. Requires the Commissioner to seek public comment
on patient impact and costs associated with requirements related to
patient consent for release of health records, as required under § 144.293,
subd. 2, and present a report on the findings to the Legislature by February 1,
2017. Effective August 1, 2016. (Ch. 189, art.
20, sec. 5)
Medical Data on Orthotics, Prosthetics, and Pedorthics
Licensees (OPPL) - Minn. Stat. § 153B.70 (new): Authorizes the OPPL Board to obtain medical or
health data on a licensee or applicant without the data subject’s consent if
the board has reason to believe that the licensee/applicant is unable to
practice due to intoxication, addiction, or mental or physical illness. The data are classified as
private. Effective August
1, 2016. (Ch. 189, art.
21, sec. 22)
Department of Education Bids - Minn. Stat. § 120B.30,
subd. 2: Mandates that data submitted in competitive bid
process to administer or facilitate statewide testing programs cannot be
classified as security information or trade secret information under
§ 13.37. Effective August 1, 2016. (Ch. 189, art.
25, sec. 17)
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