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HomeMy WebLinkAboutItem 07 Date: Item No. MOBILE VIDEO AND PORTABLE AUDIO/VIDEO RECORDING POLICY PUBLIC HEARING AND POLICY ADOPTION Proposed Action Staff recommends adoption of the following motion: Motion to adopt Policy 314, Mobile Video and Portable Audio/Video Recording. Overview State statute requires a public hearing regarding the purchase and implementation of a body worn camera system. The police department has worked on creating this policy over the past two years. Internal and external meetings were held across the city since January, including presentations to area churches, civic clubs, ISD 194 administration and school staff, and many others. An open house was also held on June 18, 2019 at the Heritage Center. As a part of a federal grant, consultants verified that all required areas were met to comply with grant requirements. The City Attorney and League of Minnesota Cities staff have also reviewed the draft policy. The public at large has been very supportive of the purchase and implementation of body worn cameras. This policy also complies with all state requirements related to data privacy, retention of data and body worn camera operation. Body worn cameras will be tested from July 30 to August 31, and all uniformed staff working patrol duties will be equipped with a camera by mid-October. Primary Issues to Consider • Body Worn Cameras will improve transparency with the public. • Body Worn Cameras will maintain a high level of trust between the police and the people served. Supporting Information • Copy of Policy 314 Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Police Chief Jeff Long July 15, 2019 $73,000 Grant/ongoing general fund Page 1 of 14 314 MOBILE VIDEO AND PORTABLE AUDIO/VIDEO RECORDING Lakeville Police Department Order #314 General Order- Mobile Video and PORTABLE AUDIO/VIDEO Recording Date: 07/15/2019 Personnel: All Issued by: Chief of Police This policy is mandated by MN Statute 626.8473. This policy should be reviewed annually for compliance. 314.1 PURPOSE AND SCOPE This policy provides guidelines for the use of Mobile Video Recorders and portable audio/video recording devices by law enforcement operators of this department while in the performance of their duties. This policy does not apply to audio/video recordings, interviews or interrogations conducted at any Lakeville Police Department facility, undercover operations, crime scene documentation video, wiretaps or eavesdropping (concealed listening devices) unless captured by a portable recording system. 314.1.1 DEFINITIONS Definitions related to this policy include: A) MGDPA or Data Practices Act refers to the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq. B) Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities. C) Law enforcement-related information means information captured or available for capture by use of a MVR and/or portable recorder that has evidentiary value because it documents events with respect to a stop, arrest, search, citation, or charging decision. D) Evidentiary value means that the information may be useful as proof in a criminal prosecution, related civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. E) General citizen contact means an informal encounter with a citizen that is not and does not become law enforcement-related or adversarial, and a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist with directions, summoning a wrecker, or receiving generalized concerns from a citizen about crime trends in his or her neighborhood. Page 2 of 14 F) Adversarial means a law enforcement encounter with a person that becomes confrontational, during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct consisting of arguing, threatening, challenging, swearing, yelling, or shouting. Encounters in which a citizen demands to be recorded or initiates recording on his or her own are deemed adversarial. G) Unintentionally recorded footage is a video recording that results from an officer’s inadvertence or neglect in operating the officer’s MVR and/or portable recorder, provided that no portion of the resulting recording has evidentiary value. Examples of unintentionally recorded footage include, but are not limited to, recordings made in station house locker rooms, restrooms, and recordings made while officers were engaged in conversations of a non-business, personal nature with the expectation that the conversation was not being recorded. H) Official duties, for purposes of this policy, means that the officer is on duty and performing authorized law enforcement services on behalf of this agency. I) Mobile Video Recorder (MVR) - An in-car device that is capable of both audio and video recording of law enforcement operator activities, but camera equipment is affixed to the vehicle. J) Portable Video Recording System (PVR) - A device, including cellular telephone used in video camera mode, worn by a law enforcement operator of this department that is capable of both video and audio recording of the law enforcement operator’s activities and interactions with others or collecting digital multimedia evidence as part of an investigation and as provided in Minn. Stat. § 13.825. K) Law Enforcement Operator (LEO) – Primarily a licensed peace officer but may also be a non-licensed representative such as a Community Service Officer (CSO) or others who are trained, authorized and assigned to operate Mobile Video Recorders (MVRs) and/or Portable recording system equipment. 314.2 POLICY The Lakeville Police Department may provide LEOs with access to portable recorders for use during the performance of their duties. If provided with a portable recording system, LEOs shall use the system as directed by this policy for on and off-duty work assignment purposes. Vehicles may be equipped with MVR. 314.2.1 MOBILE and PORTABLE VIDEO RECORDER OBJECTIVES The Lakeville Police Department has adopted the use of MVR and PVR to accomplish the following objectives: Page 3 of 14 A) To enhance LEO safety. B) To document statements and events during the course of an incident. C) To enhance the LEO's ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation/presentation. D) To preserve audio and visual information for use in current and future investigations. E) To provide a tool for self-critique and field evaluation during LEO training. F) To enhance the public trust by preserving factual representations of LEO-citizen interactions in the form of audio-video recordings. G) To assist with the defense of civil actions against law enforcement LEOs and the City of Lakeville. H) To assist with the training and evaluation of LEOs. I) To promote and enhance safe vehicle operation 314.3 LEO RESPONSIBILITIES A) Prior to going into service, each LEO will be responsible for making sure that he/she is equipped with a department issued PVR, and that the PVR is in good working order. Uniformed LEOs should wear the portable recorder in a conspicuous manner. B) LEOs should test both PVR and MVR systems at shift start. A test recording should be created. C) If the recorder is not in working order or the LEO becomes aware of a malfunction at any time, the LEO shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. LEOs shall document the malfunction report in writing by emailing the IT HelpDesk and copying their supervisor. It is the LEO's responsibility to notify Administrative Services to ensure the evidence that was recorded on that device can be reassigned to the recording LEO in video storage system. Supervisors shall take prompt action to address malfunctions and document the steps taken in writing. D) LEOs may operate squad cars with non-functioning MVR systems if no other squad car is reasonably available. If a MVR fails during the course of a shift, the LEO may continue to use that vehicle until the end of the shift. E) Any LEO assigned to a non-uniformed position may carry an approved portable recorder at any time the LEO believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non- uniformed LEOs should wear the recorder in a conspicuous manner. Non- Uniformed LEOs should wear the recorder while conducting search warrants except when operating in a covert or undercover capacity. Page 4 of 14 F) When using a MVR and/or portable recorder, the assigned LEO shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. G) LEOs should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the LEO deactivated the recording (Minn. Stat. § 626.8473). LEOs should include the reason for deactivation. Whenever an LEO fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the LEO must document the circumstances and reasons for not recording in an incident report. Supervisors shall review these reports and initiate any corrective action deemed necessary. H) LEOs are not required to activate or wear MVR/PVR while testifying in court proceedings, travelling to and from department training, meetings, or using a department vehicle for transportation purposes only. 314.4 SUPERVISOR RESPONSIBILITIES A) Supervisors shall ensure LEOs are using their MVR and portable audio/video recorders per policy. B) Supervisors should issue and log the LEO into a spare device when made aware of a malfunctioning device. C) Patrol Sergeants should audit 15 minutes of portable video recorder data quarterly. Audits should be conducted by a team sergeant from another team. The sergeant shall notify the officer via E-mail of the audit and any training deficiencies relayed to the appropriate team sergeant. The Professional Standards Lieutenant shall also receive a copy of the audit and properly record the audit. D) When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, peace officer-involved shootings, department- involved collisions), a supervisor shall ensure that the portable audio/video recorders are properly uploaded. E) Supervisors shall monitor for compliance with this policy. The unauthorized access to or disclosure of MVR and portable audio/video recorder data may constitute misconduct and subject individuals to disciplinary action and criminal penalties pursuant to Minn. Stat. § 13.09. Page 5 of 14 314.5 ACTIVATION OF THE AUDIO/VIDEO RECORDER This policy is not intended to describe every possible situation in which the recorder should be used, although there are many situations where its use is appropriate. LEOs should activate the recorder any time the LEO believes it would be appropriate or valuable to record an incident. The recorder should be activated in any of the following situations: A) All enforcement and investigative contacts including stops and field interview (FI) situations and calls for service. MVR/PVR will be activated when the LEO begins travel to the call or when acknowledging the call once dispatched. B) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops C) Self-initiated activity in which a LEO would normally notify Dakota Communications Center D) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording E) Officers have no affirmative duty to inform people that a MVR/PVR is being operated or that they are being recorded. 1) Officers should recognize that informing individuals they are being recorded may reduce hostile or otherwise threatening behavior. 2) Officers may communicate the use of the recording device to reduce the chances of improper behavior. At no time is a LEO expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable but such instances of not recording when otherwise required must be documented as specified in the LEO Responsibilities, 314.3(G) (above). 314.6 CESSATION OF RECORDING A) Once activated, the portable recorder should usually remain on continuously until the LEO reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation, or until it becomes apparent that additional recording is unlikely to capture information having evidentiary value. The LEO having charge of a scene shall likewise direct the discontinuance of recording when further recording is unlikely to capture additional information having evidentiary value. If the recording is discontinued while an investigation, response, or incident is ongoing, officers shall state the reasons for ceasing the recording on camera before deactivating their MVR or portable audio/video recorder. If circumstances change, LEOs shall reactivate their cameras as required by this policy to capture information having evidentiary value. B) Recording may be temporarily ceased or the audio muted to exchange information with other officers, legal counsel, or the lens obstructed in order to Page 6 of 14 avoid capturing images of undercover officers, informants, or citizens where based on training and experience, in the judgement of the officer a recording would not be appropriate or consistent with this policy. The reason to cease and resume recording (or to mute audio or obstruct the lens) will be noted by the officer either verbally on the portable audio/video recorder or in a written report. C) Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. D) Formal statements recorded on portable audio/video recorders shall be recorded as separate recordings. E) Recordings shall be categorized, titled and identified in accordance with established policies and procedures. F) Officers shall not intentionally block the MVR or portable audio/video recorder’s audio or visual recording functionality to defeat the purposes of this policy. G) SEE CRITICAL INCIDENT POLICY FOR CESSATION OF RECORDINGS POST INCIDENT 314.7 WHEN ACTIVATION IS NOT REQUIRED Activation of the portable audio/video recorder system is not required: A) During encounters with undercover officers or informants. B) When a LEO is on break or is otherwise engaged in personal activities. C) In any location where individuals have a reasonable expectation of privacy, such as a restroom, locker room or break room. D) When not in service or actively on patrol. E) LEOs have discretion to record or not record general citizen contacts. 314.8 RECORDING MEDIA STORAGE AND INTEGRITY At the end of their shift, LEOs are responsible for transferring or assuring the proper transfer of their data from their personal audio/video recording devices. The portable audio/video recorder battery should also be fully recharged. Refer to the SUPERVISOR RESPONSIBILITIES portion of this policy when an incident arises that requires the immediate retrieval of the recorded media. 314.9 SURREPTITIOUS RECORDINGS Minnesota law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (Minn. Stat. § 626A.02). LEOs of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the LEO reasonably believes that such a recording will be lawful and beneficial to the investigation. Page 7 of 14 Notwithstanding any other provision in this policy, LEOs shall not use their MVR and/or portable recorder to record other agency personnel during non-enforcement related activities, unless recording is authorized as part of an administrative or criminal investigation. Further, LEOs shall not surreptitiously record another department member using any device without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 314.10 PROHIBITED USE OF AND SANCTIONS FOR MISUSE OF MVR PVR AND DATA LEOs are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. LEOs are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. LEOs shall not, view, duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Any LEO who accesses or releases recordings without authorization or misuses recorded media for other than official law enforcement purposes may be subject to discipline (see related policies) (Minn. Stat. § 626.8473). LEOs are prohibited from using personally owned recording devices while on-duty except in case of emergency. Any LEO who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used internally or externally by any LEO for the purpose of embarrassment, harassment or ridicule. 314.11 REVIEW AND RELEASE OF RECORDED MEDIA FILES When preparing written reports, LEOs are permitted to review their recordings as a resource (See the Critical Incident policy for Officer-Involved Vehicle Crashes, Shootings and Deaths Policy for guidance in those cases). However, LEOs shall not retain personal copies of recordings, in any format. LEOs should not use the fact that a recording was made as a reason to write a less detailed report. LEOs shall not review recordings made by other officers for the purpose of preparing reports. The Critical incident policy addresses review of recordings and they pertain to a Critical Incident. Page 8 of 14 Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the LEO’s performance. Recorded files may also be reviewed: A) Upon approval by a supervisor, by any LEO of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. B) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. C) In compliance with the Minnesota Data Practices Act request, if permitted or required by the Act, including pursuant to Minn. Stat. § 13.82, Subd. 15, officers may display portions of recordings to witnesses or others as necessary for purposes of investigation, to aid in the law enforcement process, promote public safety, or dispel widespread rumor or unrest. Officers should generally limit, when possible, these displays in order to protect against the incidental disclosure of individuals whose identities are not public. Protecting against incidental disclosure could involve, for instance, showing only a portion of the video, showing only screen shots, muting the audio, or playing the audio but not displaying video. D) All recordings should be reviewed by Administrative Services prior to public or private release, typically by the Police Records Technicians. It is important to recognize data practices are very different for mobile video recordings versus portable audio/video recordings. Portable audio/video recordings are presumptively private. Additionally, recordings that are clearly offensive to common sensibilities should not be publicly released unless disclosure is required by law or order of the court (Minn. Stat. § 13.82, Subd. 7). E) With the exception listed in MN Statute 13.82 (15), Requests for the release of audio/video recordings shall be processed by Administrative Services, typically the Police Records Technicians, in accordance with the MGDPA, related statutes and this policy. 314.12 COPIES OF RECORDING MEDIA Evidentiary copies of digital recordings will be accessed and copied from the video storage system for official law enforcement purposes only. Access rights may be given to the Dakota County Attorney, the Lakeville City Attorney, or other prosecutorial agencies associated with any future prosecution arising from an incident in which digital recordings exist. LEOs shall ensure relevant recordings are preserved. LEOs or Administrative Services may prevent automatic deletion by changing the category of the media at any time prior to deletion. 314.13 SYSTEM OPERATIONAL STANDARDS Page 9 of 14 A) Portable audio/video recorder and MVR systems use should be based on LEO safety requirements and device manufacturer recommendations. B) The portable audio/video/MVR recorder systems shall be configured to minimally buffer for 30 seconds prior to activation. The audio may or may not be buffered depending on manufacturer specifications. C) For each digital recording, LEOs shall select the proper category. LEOs shall enter the 8-digit case file number, if there is not a case file number, the LEO shall enter the full CAD record or full citation number, and descriptive title. The title should clearly describe the nature of the recording. For example: 1) Use of Force 2) DWI 3) Pursuit 4) Booking 5) Transport 6) IC Jane Doe (implied consent) 7) Suspect John Doe (suspect statement) 8) Victim Jane Doe (victim statement) 9) Witness Jane Doe (witness statement) 10) Test 11) Training 12) Impound D) LEOs shall not attempt to delete, alter, reuse, modify or tamper with MVR or portable audio/video recorder systems or recordings. 314.14 DATA CLASSIFICATION OF MVR/PORTABLE RECORDER DATA Nothing in this policy shall be interpreted as changing the underlying classification of data collected by portable audio/video recorder systems. The classification of data collected by portable audio/video recorder systems will need to be determined on a case-by-case basis upon application and interpretation of the MGDPA and other laws, refer to especially, Minn. Stat 13.82, 13.825, other MGDPA statutes, and related laws. 314.15 USE AND DOCUMENTATION The Chief of Police or the authorized designee should designate related responsibilities (Minn. Stat. § 626.8473; Minn. Stat. § 13.825): A) The Police Records Analyst should coordinate the use and access for: 1) Establishing procedures for the security, storage and maintenance of data and recordings. 2) Establishing procedures for accessing data and recordings. 3) Establishing procedures for logging or auditing access. 4) Establishing procedures for transferring, downloading, tagging or marking events. Page 10 of 14 B) The Police Records Analyst will ensure the department maintains the following records and documents relating to portable recording systems, which are classified as public data: 1) Total number of devices owned or maintained by the Lakeville Police Department. 2) Daily record of the total number deployed and used by LEOs and, if applicable, the precinct or district in which the devices were used. 3) Total amount of recorded audio and video data collected by the devices and maintained by the Lakeville Police Department. 4) This policy, together with the Records Retention Schedule. C) The Police Records Analyst is responsible for obtaining and preparing for independent biennial audits required by Minn. Stat. § 13.825, Subd. 9. D) The Police Records Analyst will notify the Bureau of Criminal Apprehension (BCA) within ten days when new equipment is obtained by the Lakeville Police Department that expands the type or scope of surveillance capabilities of the department’s portable recorders beyond video or audio recording. E) Administrative Services, typically the Police Records Technicians, should coordinate the release of protected information to ensure that procedures comply with requirements of the Minnesota Government Data Practices Act (MGDPA) and other applicable laws (Minn. Stat. § 13.01 et seq.) It is important to recognize data practices are very different for mobile video recordings versus portable audio/video recordings. Portable audio/video recordings are presumptively private. F) Supervisors and other assigned personnel may access MVR and/or portable recorder data for the purposes of reviewing or investigating a specific incident that has given rise to a complaint or concern about officer misconduct or performance. G) Nothing in this policy limits or prohibits the use of MVR and/or portable recorder data as evidence of misconduct or as a basis for discipline. 314.16 RETENTION OF RECORDINGS All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 90 days. There are no exceptions for erroneously recorded or non-evidentiary data. Audio/Video recordings shall be retained according to the General Records Retention Schedule for Minnesota Cities at a minimum or as required by the rules of evidence, Page 11 of 14 unless a specific request is made to store them for a longer period of time by an authorized person. (The stated retention in the General Records Retention Schedule does not include the year the record originates. For example: If a Use of Force incident was recorded in 2014, it has a retention of 7 years, the disposable date for the 2014 record is January 2022.) When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable period. The department will post this policy, together with a link to its Records Retention Schedule, on its website. Upon written request by a data subject, the agency shall retain a recording pertaining to that subject for an additional time period requested by the subject of up to 180 days. The agency will notify the requestor at the time of the request that the data will then be destroyed unless a new written request is received. A) Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous, must be maintained for a minimum period of one year. B) Certain kinds of MVR and/or portable recorder data must be retained for additional time include: 1. Data that documents the use of deadly force by a peace officer, or force of a sufficient type or degree to require a use of force report or supervisory review. 2. Data documenting circumstances that have given rise to a formal complaint against an officer. 314.17 ACCESS TO RECORDINGS Except as provided by Minn. Stat. § 13.825, Subd. 2, portable recording system audio/video recordings are considered private or nonpublic data. Any person captured in a recording may have access to the recording. If the individual requests a copy of the recording and does not have the consent of other non-law enforcement individuals captured on the recording, the identity of those individuals must be blurred or audio distorted sufficiently to render the subject unidentifiable prior to release (See additional information below). The identity of on-duty peace officers may not be obscured unless their identity is protected under Minn. Stat. § 13.82, Subd. 17. A) Data subjects. Under Minnesota law, the following are considered data subjects for purposes of administering access to MVR and/or portable recorder data: 1. Any person or entity whose image or voice is documented in the data. 2. The officer who collected the data. Page 12 of 14 3. Any other officer whose voice or image is documented in the data, regardless of whether that officer is or can be identified by the recording. Some MVR and/or portable recorder data is classified as confidential (see B. below). Some MVR and/or portable recorder data is classified as public (see C. below). B) Confidential data. MVR and/or portable recorder data that is collected or created as part of an active criminal investigation is confidential. This classification takes precedence over the “private” classification listed above and the “public” classifications listed below. C) Public data. The following MVR and/or portable recorder data is public: 1. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous. 2. Data that documents the use of force by a peace officer that results in substantial bodily harm. 3. Data that a data subject requests to be made accessible to the public, subject to redaction. Data on any data subject (other than a peace officer) who has not consented to the public release must be redacted [if practicable]. In addition, any data on undercover officers must be redacted. 4. Data that documents the final disposition of a disciplinary action against a public employee. However, if another provision of the Data Practices Act classifies data as private or otherwise not public, the data retains that other classification. For instance, data that reveals protected identities under Minn. Stat. § 13.82, subd. 17 (e.g., certain victims, witnesses, and others) should not be released even if it would otherwise fit into one of the public categories listed above. D) Access to MVR and/or portable recorder data by non-employees. LEOs shall refer members of the media or public seeking access to MVR and/or portable recorder data to appropriate City data practices designee, who shall process the request in accordance with the MGDPA and other governing laws. In particular: 1. An individual shall be allowed to review recorded MVR and/or portable recorder data about him- or herself and other data subjects in the recording, but access shall not be granted: Page 13 of 14 a. If the data was collected or created as part of an active investigation. b. To portions of the data that the agency would otherwise be prohibited by law from disclosing to the person seeking access, such as portions that would reveal identities protected by Minn. Stat. § 13.82, subd. 17. 2. Unless the data is part of an active investigation, an individual data subject shall be provided with a copy of the recording upon request, but subject to the following guidelines on redaction: a. Data on other individuals in the recording who do not consent to the release must be redacted. b. Data that would identify undercover officers must be redacted. c. Data on other officers who are not undercover, and who are on duty and engaged in the performance of official duties, may not be redacted. E) Other authorized disclosures of data. LEOs may display portions of MVR and/or portable recorder footage to witnesses as necessary for purposes of investigation as allowed by Minn. Stat. § 13.82, subd. 15, as may be amended from time to time. LEOs should generally limit these displays in order to protect against the incidental disclosure of individuals whose identities are not public. Protecting against incidental disclosure could involve, for instance, showing only a portion of the video, showing only screen shots, muting the audio, or playing the audio but not displaying video. In addition, 1. MVR and/or portable recorder data may be shared with other law enforcement agencies only for legitimate law enforcement purposes that are documented in writing at the time of the disclosure. 2. MVR and/or portable recorder data shall be made available to prosecutors, courts, and other criminal justice entities as provided by law. 314.18 TRAINING Users of the MVR and portable recording systems and supervisors shall successfully complete an approved course of instruction prior to being deployed. This training shall be documented by the Training Lieutenant or designee. Before using the cameras in the field, the department shall train members on all devices and will include a curriculum of the following: A) Functions Page 14 of 14 B) Policy overview 1) Pre-Shift function tests C) How to classify recordings D) When to record E) When to stop recording F) Who may view video after a critical incident G) Minnesota Statute 13.825 H) Penalties for violating policy or violation of data privacy laws pertaining to release of data. 314.19 In-Service, Briefing training, Post Event Debriefing, Use of Force Reviews MVR and portable recording system video may be used to conduct training at In- Service, Briefings, and Post Event Debriefings. Videos should provide the ability of officers to review their performance and be used to improve tactics, communication and use of force. Before using a recording for training purposes, a supervisor should notify and consult with the officer that created the video. Officer objections to preserving or using certain footage for training will be considered on a case-by-case basis. Field training officers may utilize MVR and/or portable recorder data with trainees for the purpose of providing coaching and feedback on the trainees’ performance.