The requestor may then request a copy, and will be charged for redaction fees.
Many state legislatures are debating bills to address this issue.
In the meantime, departments have their own systems for how they deal with requests for video.
In general, Police Commissioner must authorize access in writing.
Data shall not “be used to create a database or pool of mug shots.”Recordings may be viewed, but not copied, by: the media with a court order, or a person submitting a request for a specific recording identified by date, time, or other particularity.
Requests from other law enforcement agencies “will comply with both the records disclosure and records management policies of the department.” Those policies allow most criminal history records and photographs to be shared with other law enforcement agencies, but do not specifically refer to BWC videos. Exceptions: evidence, video of juveniles, private homes, police officers without their consent, victims of sexual assault, abuse of elders or vulnerable persons, video covered by any other confidentiality laws, and video implicating “any other privacy concerns giving the person(s) depicted a legitimate privacy interest.” The Department website says requests must be limited to a specific incident.
A requestor will be allowed to view the video at department headquarters within 5 days of the request.Many of the police departments that use BWCs participate in fusion centers, joint information-sharing efforts between local, state, and federal government and the private sector.These fusion centers pull in copious data that is tenuously related to crime or terrorism and generally retain it for long periods of time, and have been castigated as endangering citizens’ civil liberties with little counterterrorism value to show for it.Where policies are not clear on this issue, we have attempted to fill in some of the gaps with links to reporting.We expect this information to change for many departments as laws are passed and technical and privacy issues crop up.Any recording shall be released to the subject of the encounter upon request.