AgdaPkt 2016-07-25 Closed and Joint SA PFA

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2015-2016 San Mateo County Civil Grand Jury 12 Hillsborough 27 • Officer activated whenever unit emergency lights are activated • Officer may review video while writing his/her report subject to approval of Watch Commander • Data retention is minimum of one year Menlo Park • Officer activated prior to arrival to any in-progress or serious or high-priority call for service • Officer may review video while writing his/her report • Data retention is 2.5 years for all citizen contacts. Recordings classified as evidence will be retained for a period of time determined by applicable laws and the City of Menlo Park's retention guidelines. The command staff interviewed by the Grand Jury acknowledged that some policies may require modification as more experience with body-worn cameras is obtained, as case law on body-worn cameras develops, and as applicable state or federal law evolves. Privacy and Civil Rights Issues Not surprisingly, civil rights issues are of concern to local law enforcement agencies when generating policies regarding use of body-worn cameras. Protection of the privacy and civil rights of all individuals encountered by law enforcement is a topic of discussion throughout the country. In the case of body-worn cameras, privacy concerns apply to the public's right to privacy and the police officer's rights as well. According to several police chiefs interviewed by the Grand Jury, there are occasions when it is inadvisable or prohibited by written policy to turn on a body-worn camera. For example: • Discussions among police officers not related to encounters with the public (i.e., administrative, procedural, tactical, and training) • Officer personal time such as break time, private conversations with colleagues, or non- police-call related conversations among others • During certain extremely sensitive investigations such as interviews with sexual assault victims and some family disputes especially when minors may be involved • Officer interactions with confidential informants, undercover agents, federal agents, issuing K-9 commands to police dogs, or when discussing confidential tactical information such as SWAT team deployments • When there are no encounters with the public or when writing shift reports 27 Until the Hillsborough Police Department completes its Body-Worn Camera Policy, it is using the policy written for Mobile Audio Video (i.e., dash cams) as modified by Chief's Departmental Directive 14-01, September 2, 2014. 6.1.J. - Page 17