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This Document can be made available
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MLT/HR

State of Minnesota

HOUSE OF REPRESENTATIVES
H. F. No.

EIGHTY-NINTH SESSION
01/29/2015

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15-1770

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Authored by Cornish; Johnson, B.; Schoen and Metsa
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices

A bill for an act
relating to data practices; adding provisions for portable recording systems;
classifying audio and video data captured by a law enforcement officer; amending
Minnesota Statutes 2014, section 13.82, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2014, section 13.82, is amended by adding a subdivision
to read:
Subd. 31. Portable video recording systems. (a) As used in this subdivision,

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"portable video recording system data" means audio or video data collected by a device

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worn by a peace officer that is operated pursuant to a written department or agency policy,

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and is capable of recording the officer's activities and interactions with others or collecting

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digital multimedia evidence as part of an investigation.

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(b) Except for data classified as active criminal investigative data pursuant to

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subdivision 7, portable video recording system data is private data on individuals or

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nonpublic data at all times. Notwithstanding subdivision 7, portable video recording

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system data that are part of an inactive investigation remain classified as provided in

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this subdivision. The officer using the system, and any individual or entity that can be

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identified in the audio or video data captured by the system, is a subject of the data and

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must be provided access as provided in this chapter.

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(c) The following data related to use of portable video recording systems by a law
enforcement agency are public data at all times:

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(1) the total number of devices owned or maintained by the agency;

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(2) a daily record of the total number of devices actually deployed and used by

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officers, and the precincts in which they were used;

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(3) the law enforcement agency's policies and procedures for use of portable video
recording systems; and
(4) the total amount of recorded audio and video data collected by portable video

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recording systems and maintained by the agency, and the agency's retention schedule for

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the data and procedures for destruction.

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(d) Notwithstanding section 138.17, audio and video data captured by a portable

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video recording system that is not part of an active or inactive criminal investigation

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must be destroyed within 90 days of the date the data were captured, unless the data

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subject, or any peace officer identifiable by the data, submits a written request to the law

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enforcement agency to retain the data for possible use in a future proceeding related to

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the circumstances under which the data were originally collected. Any law enforcement

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agency that receives a request to retain data shall retain it for a reasonable time, based

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upon the likelihood of its future use and the agency's policies for retention. Peace officers

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who are identifiable by portable video recording system data shall have unrestricted access

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to the data while it is retained and must be permitted to make copies.

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(e) A law enforcement agency using portable video recording systems must conduct

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a biennial audit of data collected from the systems to determine whether the data has

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been classified or destroyed as required by this subdivision. Summary data related to the

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results of the audit are public data.

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(f) A law enforcement agency may not use a portable video recording system unless

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the agency has adopted a policy, and any additional necessary procedures and protocols, to

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ensure compliance with this subdivision.

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EFFECTIVE DATE. This section is effective the day following final enactment.

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Data collected before the effective date of this section must be destroyed, if required by

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this section, no more than 15 days after this section becomes effective.

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