HF 2323

as introduced - 89th Legislature (2015 - 2016) Posted on 05/12/2015 09:01am

A bill for an act
relating to data practices; classifying body camera data; regulating storage and
access to body camera data; 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:

new text begin Subd. 31. new text end

new text begin Body camera data. new text end

new text begin (a) As used in this subdivision, "body camera data"
means any audio or video data collected by a device, worn by a peace officer and operated
pursuant to a written department or agency policy, that records the officer's activities and
interactions with the public or collects digital evidence as part of an investigation.
new text end

new text begin (b) Except for data classified as active criminal investigative data pursuant to
subdivision 7, body camera data, collected in a space or at a location where a data subject
is presumed to have a reasonable expectation of privacy under the constitution of the
United States or the state of Minnesota, is private data on individuals or nonpublic data at
all times and may only be shared or disseminated pursuant to court order. Notwithstanding
subdivision 7, body camera data that are part of an inactive investigation remain classified
as provided in this subdivision.
new text end

new text begin (c) Nothing in this section shall be construed to limit a court's authority to determine
the admissibility of evidence in a judicial proceeding.
new text end

new text begin (d) Direct access from the Internet to any system component containing body
camera data is prohibited. Before allowing access to any system component containing
body camera data, the user must be assigned a unique username and password. The use
of the same username by more than one person is prohibited. No person, other than the
individual assigned the username and password, may know the password. Use of a
username or password by a user who is not assigned that username is prohibited. Use of
a system account or service account to access any data or system component within the
body camera data environment is prohibited. All paper and electronic media containing
body camera data, including paper and electronic backups, must be stored in a physically
secure location. The use of a third party or hosted network, or system environment
or equipment, not directly owned by a law enforcement agency to store body camera
data is prohibited. The body camera data environment must be physically and logically
isolated on a dedicated network and on dedicated systems that are not shared with a data
environment that is not related to body camera data. This paragraph applies to purchases
of body camera data systems on or after January 1, 2016.
new text end