In this day and age, it seems that not a week goes by without turning on the evening news, logging onto Facebook, or firing up a YouTube application and seeing videos depicting police encounters with civilians. Many of these videos are recorded on private cell phones and released by private citizens; however, some of these videos have been obtained by individuals, news sources, or other entities via public record request, the laws surrounding which are changing.
On January 7, 2019 Governor Kasich signed into law HB 425, “Declare police body camera recordings not to be public records,” to be effective April 8, 2019. The law does not declare that all dash-cam and body-cam recordings are not public record, but instead declares that “restricted portions” of the recordings are not included in the definition of public record. The law defines “restricted portions as the following:
- The image or identity of a child or information that could lead to the identification of a child who is a primary subject of the recording when the law enforcement agency knows or has reason to know the person is a child based on the law enforcement agency’s records or the content of the recording;
- The death of a person or a deceased person’s body, unless the death was caused by a peace officer or the consent of the decedent’s executor or administrator has been obtained;
- The death of a peace officer, firefighter, paramedic, or other first responder, occurring while the decedent was engaged in the performance of official duties, unless consent of the decedent’s executor or administrator has been obtained;
- Grievous bodily harm, unless the injury was effected by a peace officer or the consent of the injured person or the injured person’s guardian has been obtained;
- An act of severe violence against a person that results in serious physical harm to the person, unless the act and injury was effected by a peace officer or the consent of the injured person or the injured person’s guardian has been obtained;
- Grievous bodily harm to a peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless the consent of the injured person or the injured person’s guardian has been obtained;
- An act of severe violence resulting in serious physical harm against a peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless the consent of the injured person or the injured person’s guardian has been obtained;
- A person’s nude body, unless the person’s consent has been obtained;
- Protected health information, the identity of a person in a health care facility who is not the subject of a law enforcement encounter, or any other information in a health care facility that could identify a person who is not the subject of a law enforcement encounter;
- Information that could identify the alleged victim of a sex offense, menacing by stalking, or domestic violence;
- Information, that does not constitute a confidential law enforcement investigatory record, that could identify a person who provides sensitive or confidential information to a law enforcement agency when the disclosure of the person’s identity or the information provided could reasonably be expected to threaten or endanger the safety or property of the person or another person;
- Personal information of a person who is not arrested, cited, charged, or issued a written warning by a peace officer;
- Proprietary police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;
- A personal conversation unrelated to work between peace officers or between a peace officer and an employee of a law enforcement agency;
- A conversation between a peace officer and a member of the public that does not concern law enforcement activities;
- The interior of a residence, unless the interior of a residence is the location of an adversarial encounter with, or a use of force by, a peace officer; and,
- Any portion of the interior of a private business that is not open to the public, unless an adversarial encounter with, or a use of force by, a peace officer occurs in that location.
Those exceptions that allow disclosure upon receipt of consent of the subject may only be released with the consent if one of the following apply:
- The recording will not be used in connection with probable or pending criminal proceedings; or,
- The recording was used in connection with a criminal proceeding that has been dismissed or for which a judgment has been issued, and will not be used again in connection with any probable or pending criminal proceedings.
The law also provides that if a public office denies a request to release a restricted portion of a recording, the requestor may file a complaint for mandamus with the court of claims, which will allow the release if it determines by clear and convincing evidence that public interest substantially outweighs privacy interests and other interests asserted to deny release.
Many of these components of the definition fall within other exceptions to public records and government entities are probably already withholding or redacting recordings that contain those components, such as confidential law enforcement investigatory records or information pertaining to the recreational activities of a person under the age of eighteen. However, government employees who handle the release and redaction of records should familiarize themselves with the new definition and continue to follow all other laws relating to public records. For example, records should be redacted where possible and only fully withheld if redaction would create a substantial burden or would remove all value from the recording.
Government entities should also review their records retention schedules to make certain it addresses this type of footage. They should remember that even if these materials are no longer public record, they could be relevant to future litigation.
Finally, the new law does not make it clear what procedures are required to be followed in obtaining “consent” to release records; it does not prescribe what lengths the government entity needs to go to in order to obtain consent or in which form the consent must be. Those who obtain consent to release records should in the minimum ensure that consent is given knowingly and in writing.
Categories: Uncategorized
807643 919807i was just browsing along and came upon your site. just wantd to say great job and this post actually helped me. 869221
328999 461028Some genuinely interesting info, effectively written and broadly user pleasant. 558725
There is certainly a lot to learn about this issue. I really like all of the points you’ve made.
A motivating discussion is worth comment. I believe that you ought to publish more about this subject matter, it might not be a taboo matter but generally people don’t talk about such topics. To the next! All the best!!
Good post. I learn something totally new and challenging on websites I stumbleupon everyday. It’s always interesting to read through content from other writers and practice a little something from their websites.
It’s actually a nice and helpful piece of info. I’m glad that you shared this useful info with us. Please keep us informed like this. Thanks for sharing.
I have been checking out some of your stories and i can state pretty good stuff. I will surely bookmark your website.
I was curious if you ever considered changing the layout of your site? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or two images. Maybe you could space it out better?
I would like to show thanks to you just for bailing me out of this particular condition. As a result of checking through the the net and finding things that were not helpful, I assumed my entire life was over. Living without the answers to the issues you’ve resolved by way of the short article is a crucial case, and the ones which may have negatively affected my entire career if I hadn’t noticed the blog. Your own personal understanding and kindness in handling all the stuff was very useful. I’m not sure what I would’ve done if I had not come across such a point like this. I can also at this moment relish my future. Thank you so much for the reliable and effective guide. I won’t think twice to recommend your site to anyone who needs and wants tips on this matter.
magnificent post, very informative. I wonder why the other experts of this sector do not notice this. You must continue your writing. I’m sure, you have a great readers’ base already!
Hi, I do think this is an excellent blog. I stumbledupon it 😉 I will come back yet again since i have bookmarked it. Money and freedom is the best way to change, may you be rich and continue to guide others.
This site definitely has all the info I needed concerning this subject and didn’t know who to ask.
Magnificent beat ! I wish to apprentice whilst you amend your site, how can i subscribe for a weblog site? The account aided me a applicable deal. I were tiny bit familiar of this your broadcast offered vibrant clear idea
https://booksummaryclub.com/all-you-can-books-reviews-and-comparison/
I love it when people get together and share ideas. Great website, continue the good work!
I could not resist commenting. Very well written!
I am thankful that I observed this web blog, exactly the right information that I was searching for! .
I do consider all of the ideas you have introduced on your post. They’re really convincing and will certainly work. Still, the posts are very brief for starters. Could you please lengthen them a little from subsequent time? Thank you for the post.
What’s Happening i’m new to this, I stumbled upon this I’ve found It positively useful and it has aided me out loads. I hope to contribute & aid other users like its helped me. Great job.
I just could not depart your website before suggesting that I actually loved the standard info an individual supply in your guests? Is going to be back steadily in order to check up on new posts.
Greetings! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog article or vice-versa? My website covers a lot of the same topics as yours and I feel we could greatly benefit from each other. If you happen to be interested feel free to shoot me an email. I look forward to hearing from you! Great blog by the way!
Good day! This is my 1st comment here so I just wanted to give a quick shout out and tell you I truly enjoy reading your posts. Can you recommend any other blogs/websites/forums that deal with the same subjects? Many thanks!
In the grand pattern of things you get a B- for hard work. Where you misplaced us ended up being in the details. You know, people say, details make or break the argument.. And that could not be more accurate at this point. Having said that, allow me say to you precisely what did give good results. Your writing is highly persuasive and that is probably the reason why I am making the effort to comment. I do not make it a regular habit of doing that. 2nd, while I can certainly see the jumps in reason you come up with, I am definitely not sure of exactly how you appear to unite the ideas which inturn make the actual final result. For the moment I will, no doubt subscribe to your position but trust in the future you actually link the facts better.
Hello! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog article or vice-versa? My website goes over a lot of the same topics as yours and I believe we could greatly benefit from each other. If you happen to be interested feel free to shoot me an email. I look forward to hearing from you! Terrific blog by the way!
Some truly choice blog posts on this internet site, saved to favorites.
There may be noticeably a bundle to find out about this. I assume you made sure good factors in features also.
Hi , I do believe this is an excellent blog. I stumbled upon it on Yahoo , i will come back once again. Money and freedom is the best way to change, may you be rich and help other people.
Wonderful blog! I found it while browsing on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Appreciate it
337911 383857Thank you a good deal for giving every person an extraordinarily special possiblity to check tips from here. 380165
https://afsgsdsdbfdshdfhdfncvngcjgfjghvghcgvv.com
401175 204527Likely to commence a business venture around the refers to disclosing your products and so programs not just to individuals near you, remember, though , to several potential prospects a lot more by way of the www often. earn funds 915205
609513 435555I enjoy what you guys are up too. Such clever work and exposure! Maintain up the quite very good works guys Ive incorporated you guys to my own blogroll. 748729