HF 999

as introduced - 89th Legislature (2015 - 2016) Posted on 02/19/2015 04:41pm

A bill for an act
relating to data practices; classifying law enforcement 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 constitutions 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end