New Police Policies for 2016: Part 3 (FOIA and Officer-Worn Body Cameras)

New Police Policies for 2016: Part 3 (FOIA and Officer-Worn Body Cameras)

  Thursday, December 03, 2015    Julie Tappendorf

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Municipalities throughout Illinois are taking action to promote the integrity of their police departments, as directed by a package of new laws adopted by the General Assembly last summer. Many of these new laws become effective on January 1, 2016.  In this 5 part series, we take a look at how local police departments can be prepared with new policies governing officer-involved deaths, officer-worn body cameras, FOIA, use of force, and more.

Part 3 of 5 in the Series - FOIA and Officer-Worn Body Cameras

Many municipalities have adopted policies to assist FOIA officers in responding to requests for documents, and audio and video recordings. If a local police department chooses to use officer-worn body cameras, the municipality’s FOIA policy may need to be updated to manage requests for officer-worn body camera recordings. Recordings made under the Law Enforcement Officer-Worn Body Camera Act are exempt from disclosure under FOIA, except that:

Disclosure of Certain Flagged Recordings Require the Subject’s Consent

If the subject of the encounter has a reasonable expectation of privacy at the time of the recording (no expectation of privacy if subject is arrested), any recording which is flagged, due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm, shall be disclosed in accordance with the Freedom of Information Act if:

• the subject of the encounter captured on the recording is a victim or witness (persons arrested are not a “witness”); and
• the law enforcement agency obtains written permission of the subject or the subject's legal representative.

Flagged Recordings not Requiring the Subject’s Consent must be Disclosed, unless another FOIA Exemption Applies

Any recording which is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm shall be disclosed in accordance with the Freedom of Information Act.

Recordings must be Disclosed to the Subject, unless another FOIA Exemption Applies

Upon request, the law enforcement agency shall disclose, in accordance with the Freedom of Information Act, the recording to the subject of the encounter captured on the recording or to the subject's attorney, or the officer or his or her legal representative.

Only recordings or portions of recordings responsive to a FOIA request can be made available for inspection or reproduction, and recordings must be redacted to remove identification of any person that appears on the recording and is not the officer, a subject of the encounter, or directly involved in the encounter.

Post Authored by Daniel J. Bolin, Ancel Glink