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Police Body Cameras

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1. How much does this program cost to the City of Chaska?

This is a one-year trial period, which is free of charge.

2. Who can view the BWC video?

Peace officers that have a legitimate, law enforcement-related reason can view the video. If there is a legitimate, specified law enforcement need, CPD can share BWC video data with another law enforcement agency.

Generally, most BWC video data is “nonpublic” data. The video data is presumptively private and can only be accessible to a person that is on the video.

If the video is part of an active criminal investigation, the data is all confidential, even to the person on the video.

If the video contains several people, permission needs to be granted by all involved people before the data is released. If an involved person does not consent to the release, they can be “redacted” from the video by having their face blurred and their voice distorted.

3. Who is considered a data subject?

Any individual or entity whose image or voice is on the video is considered a data subject.

4. What is redaction?

Redaction is the process of concealing the identity of people on the video by blurring their faces and distorting their voices.

5. When is BWC video data public?

When a peace officer discharges a firearm in the course of duty, except during training and for the purposes of killing animals.

When use of force by a peace officer results in substantial bodily harm.

When the data subject (person on the video) requests that the video be released to the public. If the video contains people that do not consent to the release or if it contains an undercover police officer, those individuals will be redacted by having their face blurred and voice distorted.

If a peace officer is disciplined, the related BWC video data is part of the personnel data, which is public.

If made public by a court order.

6. Does the police department have discretion to make some video public?

Yes, per Minnesota statute (13.82, subd. 15), a law enforcement agency can release nonpublic, private, or confidential video if it will aid in the law enforcement process, promote public safety, or dispel widespread rumor or unrest.

7. Are all victims, witnesses, and children part of public video?

No. The Minnesota Government Data Practices Act limits disclosure of information about certain individuals:

• Victims and alleged victims of criminal sexual conduct and sex trafficking
• Victims of child abuse or neglect
• Vulnerable adults who are victims of maltreatment
• Undercover officers
• Informants
• When the video is clearly offensive to common sensitivities
• Victims of and witnesses to crimes, if the victim or witness has requested not to be identified publicly
• Individuals who called 911, and services subscribers whose lines were used to place a call to the 911 system
• Mandated reporters
• Juvenile witnesses, if the nature of the event or activity justifies protecting the identity of the witness
• Juveniles who are or may be delinquent or engaged in criminal acts.Individuals who make complaints about violations with respect to the use of real property. (Code violations, real-estate ethics violations, tax law violations, etc…)
• Officers and employees who are the subject of a complaint related to the events captured on video

8. What if the video is public but it is very graphic? Does the video still get released?

Per Minnesota statute (13.825, subd. 2(5)(b) a law enforcement agency may redact or withhold access to portions of data that are public when the data is “clearly offensive to common sensibilities.”

9. What types of situations will CPD Officers record?

Officers will record any police-citizen encounter if there is reason to believe the recording will have evidentiary value. Officers will use their cameras to take recorded statements from victims, witnesses, and suspects. Officers will record any transports and transfers of people. Officers have discretion to record general citizen contacts.

10. Will someone having a medical emergency get recorded?

When officers determine that there is not a law enforcement need for recording, they will deactivate their body cameras. In medical emergencies where criminal activity is not suspected, cameras will not be activated.

11. Do officers need to notify people that they are being recorded?

No, but if someone asks if they are being recorded, officers will tell them if it is safe and practical.

12. Can I ask an officer to turn off their body camera?

It will depend on the situation. If there is not a law enforcement need or if the situation is not adversarial, an officer will have discretion to turn off the camera or keep it on.

13. Is the data safe?

The data is very safe and is subject to very strict rules and regulations set forth by the FBI. The data is encrypted and stored off-site from CPD.

14. How long will CPD keep the data?

The minimum retention period for video is 90 days but some data will be kept longer. Video data will be retained for a period of six years if the video contains evidence, a use of force, an adversarial encounter, or seizure of property.

15. What if an officer fails to activate their body camera?

Officers are expected to activate their body cameras if it is safe and practical to do so. However, it is recognized that officers must also attend to other primary duties and the safety of all concerned, sometimes in circumstances that are tense, uncertain, and rapidly evolving. Any time an officer fails to activate their recorder, they will need to articulate the reason why. An officer that fails to activate their body camera without a justified reason may face discipline.

16. Will officers be allowed to review video prior to writing a police report?

Yes. Officers will use the video to further assist in preparing a police report, giving a statement, or providing testimony in court.

17. Will officers be allowed to view video prior to providing a statement relating to a critical incident?

Officers have the option to view video prior to providing a statement.

18. Can the body cameras “pre-record” events?

Yes. When a CPD Officer activates their body camera, it will capture the previous 30 seconds of video, but not audio.

19. Will School Resource Officers wear body cameras in the schools?

No. However, a uniformed CPD Officer may have their body camera activated if they respond to an incident at a school.

20. How many body cameras does CPD have?

As part of the trial, CPD has 20 body cameras.

21. Does every CPD Officer get their own body camera?

All 15 uniformed patrol officers are assigned a body camera. Spare body cameras will be checked out by officers and detectives on an as-needed basis.

22. Will CPD Detectives wear body cameras?

Detectives will have the option to utilize body cameras if they determine that the body camera would be beneficial to their investigation.

23. Where can I find CPD’s body camera policy?

The body camera policy and records retention schedule are posted on CPD’s website.

24. What brand of body camera is CPD testing?

We are testing Axon body cameras. Axon is formerly known as Taser International. The body cameras are smaller than a cell phone and will be affixed to the officer’s upper chest.

25. What happens to the data at the end of the Axon trial period?

All the data is owned by CPD. None of it is accessible or viewable by staff at Axon. At the end of the trial, all data would be transferred to CPD.

26. What are the camera’s capabilities?

The camera has a 12-hour battery life and recording options from 420p standard definition to 1080p high definition. Data is stored on the camera during the officer’s shift. The video is uploaded, and the camera’s battery is charged when the camera is “docked” at CPD at the end of the officer’s shift.