Excludes video camera recordings from cameras worn or used by police from being included as personnel records

1 Co-sponsor

• Bill Perkins

Title of bill

An act to amend the civil rights law and the public officers law, in relation to excluding video camera recordings from cameras worn or used by police from being included as personnel records

Purpose

Clarifies that recordings made by body cameras worn by police officers, among other recordings made by public safety officials, are not considered personnel records pursuant to section 50-a of the Civil Rights Law, and are thus subject to the Freedom of Information Law (FOIL).

Summary of provisions

Section 1: Section 50-a of the civil rights law is amended by adding a new subdivision 5 that:

*Excludes recordings made of police officers, firefighters and other public safety officials in the course of duty, including, but not limited to recordings made by body cameras worn by an officer, as well as the metadata from those recordings, from protection as personnel records under section 50-a of New York's Civil Rights Law.

*Redacts all identifying details of all persons in a publicly released recording, including but not limited to facial features and voices.

*Maintains all existing rights litigants in a civil or criminal action to access recordings or the metadata from those recordings.

*Maintains all existing rights to use recordings or the metadata from those recordings for personnel decisions.

*Permits anyone who requests a recording, as specified in this subdivi- sion, under FOIL to also request any agency records necessary to identify any officer in the recording.

Section 2: Section 50-a of the civil rights law is amended by adding a new subdivision 2 that:

*Specifically defines the term "recording," as used in this chapter.

Section 3: Paragraph (c) of subdivision 2 of section 89 of the public officers law is amended by:

*Stating that disclosure shall not be construed to constitute an unwarranted invasion of personal privacy when identifying details redacted.

Section 4: Establishes that this act shall take effect immediately.

Justification

Police body cameras, as well as other recording devices used by on-duty public safety officials, provide protection for officers and citizens alike. As the implementation of such recording devices continues, it is important that current law keep pace with such technology.

Section 50-a of the Civil Rights Law effectively excludes personnel records from FOIL requests. According to the Committee on Open Government, a broad interpretation of the term personnel records could include body camera footage, therefore preventing public disclosure of such recordings. This bill clarifies that body camera recordings, among other recordings made by public safety officials, are not considered personnel records under section 50-a. Thus, this legislation ensures that body camera recordings, as well as the metadata from such recordings, should be subject to FOIL. By placing body camera recordings within the standard FOIL process while also mandating the redaction of all identifying details present in a given video, the bill balances the need for greater transparency in the everyday encounters between police officers and members of the public with a necessary commitment to privacy protections.