Freedom of Information Act
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Don't scramble when the time comes - do you know if police body camera footage is subject to the Freedom of Information Act?The use of video surveillance has dramatically increased in the past few years, both in frequency of its use and the types of technology available.These videos are at the center of public debate and dispute in high profile police investigations, and a large component is the determination of whether to release these videos to the public. This topic discusses the types of technology that is being used by public bodies and our advice on how to prepare and respond for requests to release videos that your public body has possession or control over.
AuthorsJason A. Guisinger, Klein, Thorpe & Jenkins, Ltd. Mallory A. Milluzzi, Klein, Thorpe & Jenkins, Ltd.
There Has Been an Increase in the Types and Frequency of Video Surveillance
• Discuss the Different Types of Surveillance and Their Uses (Ex: Body Cameras, Dash Camera, Taser Camera, Lockup Video etc.)
Requests for Disclosure and Balance of the Interests
• Investigatory Interest (Suspects, Witnesses, Disciplinary)
• Public's Interest
• Privacy Interests
Maintaining, Preserving, Producing and Redacting Videos
• Record Retention Requirements
• Litigation Holds
• Redaction Technology and Costs
• Videos and Photographs on Personal Devices
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