Advanced PIA and Body Cameras in Law Enforcement

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This presentation covers topics related to releasing, redacting, and requesting rulings in law enforcement with a focus on advanced Public Information Act (PIA) practices and body camera recordings. It includes duties upon receiving a request, considerations for Texas Homeland Security Act provisions, and information on protecting data through redacting and statutory authority.

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Law Enforcement: Advanced PIA and Body Cameras Tamara Smith Michelle Case Assistant Attorneys General Open Records Division

Advanced PIA and Body Cameras What we will cover: Releasing, redacting, and requesting a ruling Additional considerations for Gov t Code 552.108 Texas Homeland Security Act provisions Body camera recordings

Receipt of a Request (Slide 1 of 4) Duties Upon Receipt of Proper Request: Promptly release the requested information Request a ruling

Receipt of a Request (Slide 2 of 4) Duties Upon Receipt of Proper Request: Promptly release the requested information Request a ruling Previous Determinations Two Types

Receipt of a Request (Slide 3 of 4) Duties Upon Receipt of Proper Request: Promptly release the requested information Request a ruling Previous Determinations Two Types Information Not Protected by Discretionary Exceptions

Receipt of a Request (Slide 4 of 4) Duties Upon Receipt of Proper Request: Promptly release the requested information Request a ruling Previous Determinations Two Types Information Not Protected by Discretionary Exceptions Redacting Information Previous determination Statutory authority Ex. Gov t Code 552.130(c)

Receipt of Request: Redacting Information What should I do if I am redacting information from what I am providing requestor or what I am providing to your office for a ruling? Follow any statutory requirements Ex. Gov t Code 552.130(d) and (e) If you will redact or have redacted information from what you send to our office, tell us and explain the authority.

Receipt of a Request: Right of Access (Slide 1 of 7) Does the requestor have a right of access? Self, Parents of Minor, and Authorized Representatives Criminal Justice Agencies Criminal History Record Information ( CHRI ) Section 550.065 of the Transportation Code Access to CR-3 Accident Reports Article 2.1396 of the Code of Criminal Procedure Arrestee access to video of DWI

Receipt of a Request: Right of Access (Slide 2 of 7) Does the requestor have a right of access? Self, Parents of Minor, and Authorized Representatives Criminal Justice Agencies Criminal History Record Information ( CHRI ) Section 550.065 of the Transportation Code Access to CR-3 Accident Reports Article 2.1396 of the Code of Criminal Procedure Arrestee access to video of DWI PIA Pro Knows: If requestor s relation or involvement is not clear, tell us who he/she is if you are able to

Receipt of a Request: Right of Access (Slide 3 of 7) Does the requestor have a right of access? Self, Parents of Minor, and Authorized Representatives Privacy Interests -- Gov t Code 552.023 Common-law and constitutional privacy Exceptions that protect privacy interests - ex. sections 552.130, 552.136, 552.117, 552.1175 Gov t Code 552.137(b) Fam. Code 261.201(k) Fam. Code 58.008(d)(3)-(4)

Receipt of a Request: Right of Access (Slide 4 of 7) Does the requestor have a right of access? Criminal Justice Agencies Fam. Code 58.008(d)(2) Fam. Code 58.008(e) does not apply when the requestor is a criminal justice agency Access prevails over common-law privacy and general exceptions (ex. 552.103, 552.108, 552.1175) Access does not prevail over Gov t Code 552.130 CHRI Access under chapter 411 of the Government Code

Receipt of a Request: Right of Access (Slide 5 of 7) Does the requestor have a right of access? Criminal History Record Information ( CHRI ) Criminal justice agencies Sections 411.087(a)(2) and 411.089(a) of the Government Code Must be for criminal justice purpose State agencies Section 411.087(a)(2) and subchapters F and E-1 of chapter 411 of the Government Code Federal agencies

Receipt of a Request: Right of Access (Slide 6 of 7) Does the requestor have a right of access? 550.065(c) and (c-1) of the Transportation Code Access to CR-3 Accident Reports Article 2.1396 of the Code of Criminal Procedure Arrestee access to video of DWI

Receipt of a Request: Right of Access (Slide 7 of 7) What should I do if the requestor has a right of access? If you have released or will release certain information pursuant to a right of access, tell us. Ex. We have released the responsive CR-3 to this requestor pursuant to Transp. Code 550.065(c). Ex. We have released CHRI to this requestor pursuant to chapter 411 of the Government Code and raise Gov t Code 552.108(a)(1) for the remaining requested information. Ex. We have released the DWI dash camera video to this requestor pursuant to art. 2.1396 of the Code of Criminal Procedure.

Receipt of a Request: Intergovernmental Transfer What is intergovernmental transfer? Discretionary may release Between Texas governmental bodies For information that is not confidential by statute with release provisions (ex. Gov t Code 552.130 and Fam. Code 261.201) If you choose to release under doctrine, it is not a voluntary release under Gov t Code 552.007. If you aren t sure, request a ruling.

Receipt of a Request: Multiple Requests What should we do if we receive multiple requests for the same or similar information? To combine or to not combine: things to consider Tell our office if you are sending in subsequent requests and identify them Ex. Your internal ID# or our assigned OAG ID# Call the ORD Hotline to get our OAG ID# Ex. Request from Alexander Hamilton received on November 2, 2018.

Receipt of a Request: Submitting Information What information should I send your office when requesting a ruling? Items required under Gov t Code 552.301 Responsive information you seek to withhold Representative sample (generally) Gov t Code 552.301(e)(1)(D)

Receipt of a Request: Other Interests Are the interests of any third parties at issue? Other governmental bodies Gov t Code 552.108 representation Gov t Code 552.304 Private third parties Gov t Code 552.305 Tell us who you notified Nat l Archives & Records Admin. v. Favish, 541 U.S. 157 (2004) surviving family members constitutional privacy interests in information relating to deceased relatives

552.108 Government Code: Basic Information (Slide 1 of 2) Basic Information: Reminders Does not include: DOBs, information subject to Gov t Code 552.130, the identity of witnesses, or the identity of a victim who is not a complainant Includes: Detailed description of offense, names of investigating officers, and arrestee name and SSN Can raise other exceptions for basic information Gov t Code 552.103 will generally not protect basic information of a crime

552.108 Government Code: Basic Information (Slide 2 of 2) If you are raising section 552.108 for an offense report: Tell us you have released basic information and/or show us what you released as basic information by clearly labeling information Will you redact the living arrestee s SSN under Gov t Code 552.147(b), which you can do without seeking a ruling from our office? If you are releasing more than what is considered basic information, will you redact information pursuant to another authority that authorizes you to do so?

552.108 Government Code: Personnel-Administrative-IA (Slide 1 of 2) Raising section 552.108(a)(1) for personnel documents, administrative information, and/or Internal Affairs investigations How does it relate to a pending criminal investigation or prosecution? Does your governmental body have the law enforcement interest in the criminal investigation or prosecution? If not, you might need to notify the entity with law enforcement interest of the request

552.108 Government Code: Personnel-Administrative-IA (Slide 2 of 2) Raising section 552.108(a)(1) for personnel documents, administrative information, and/or Internal Affairs investigations How does it relate to a pending criminal investigation or prosecution? Does your governmental body have the law enforcement interest in the criminal investigation or prosecution? If not, you might need to notify the entity with law enforcement interest of the request Is it a completed administrative investigation? If Gov t Code 552.022(a)(1) applies, Gov t Code 552.103 will not

552.108 Government Code: Previous Determination (Slide 1 of 3) What is the 552.108(a)(1) Previous Determination ? Does it apply to me? What are the requirements?

552.108 Government Code: Previous Determination (Slide 2 of 3) What is the 552.108(a)(1) Previous Determination ? Does it apply to me? You must have requested and obtained the previous determination from our office What are the requirements?

552.108 Government Code: Previous Determination (Slide 3 of 3) What is the 552.108(a)(1) Previous Determination ? Does it apply to me? You must have requested and obtained the previous determination from our office What are the requirements? Gov t Code 552.108(a)(1) applies No requestor right of access Basic information (or more) must be released within 5 business days after receiving the request Must provide certain notice to requestor Requestor has not previously requested the information under same scheme

Texas Homeland Security Act (Slide 1 of 5) Sections 418.176 through 418.182 of the Government Code: 418.176 Certain information relating to Gov t Code emergency response providers 418.177 Information relating to certain Gov t Code risk or vulnerability assessment 418.179 Information relating to Gov t Code encryption codes and security keys for public communications system NOTE: For these three sections, information must be collected, assembled, or maintained for purpose of preventing, detecting, responding to, or investigating act of terrorism or related criminal activity.

Texas Homeland Security Act (Slide 2 of 5) 418.178 Pertains to certain information Gov t Code relating to construction or assembly of explosive, chemical, biological, radiological, or nuclear weapons, including certain materials or specific locations of certain materials 418.180 Certain information prepared Gov t Code for U.S. relating to terrorism that is required to be kept confidential

Texas Homeland Security Act (Slide 3 of 5) 418.181 Information that identifies Gov t Code technical details of critical infrastructure to act of terrorism Gov t Code 421.001(2) defines critical infrastructure Ex. Locations of underground utilities, details of city s backflow prevention system, or blueprint of prison 418.182 Certain information relating to Gov t Code security systems protecting public or private property from act of terrorism or related criminal activity Ex. Security camera footage of state capitol Ex. Map with locations of security cameras in jail

Texas Homeland Security Act (Slide 4 of 5) Homeland Security Act ( HSA ) provisions do not apply automatically. We need your explanation of how a HSA provision applies to the records at issue.

Texas Homeland Security Act (Slide 5 of 5) Did you receive a 7-Day Letter from our office pursuant to Gov t Code 552.303 asking about an HSA provision? Respond in 7 calendar days, not business days Answer our question directly and completely Questions? Call the Open Government Hotline

Body Camera Requests Occupations Code 1701.661 Views expressed are those of the presenters, do not constitute legal advice, and are not official opinions of the Office of the Texas Attorney General.

Elements of a Proper Body Camera Request (Slide 1 of 2) Is it a proper request for a body camera recording? The request for information must state: Date and approximate time of recording Specific location where recording occurred Name of at least one person who is a subject of the recording Occ. Code 1701.661(a) - All elements must be present to be a proper request for body camera video.

Elements of a Proper Body Camera Request (Slide 2 of 2) If the request is missing any of the elements listed in section 1701.661(a), it is not a proper request for body camera video. Note: Occ. Code 1701.661(b) says the requestor can ask for the information again. If it is a proper request, the 552.301 deadlines are extended to 20 and 25 business days.

Proper Body Worn Camera Request? (Slide 1 of 12) Requestor Name: Alexander Hamilton Request for: All information pertaining to case number 2018-1458, including any 911 audio or body camera videos.

Proper Body Worn Camera Request? (Slide 2 of 12) Requestor Name: Alexander Hamilton Request for: All information pertaining to case number 2018-1458, including any 911 audio or body camera videos. This is not a proper body camera request missing date, time, location, subject name. Note: This is still a proper request for public information for the non-body camera information that is responsive.

Proper Body Worn Camera Request? (Slide 3 of 12) Requestor Name: Aaron Burr Request for: All information pertaining to case number 2018-5659 in which Alexander Hamilton was arrested around 7 p.m. at the intersection of Congress Avenue and 9th Street.

Proper Body Worn Camera Request? (Slide 4 of 12) Requestor Name: Aaron Burr Request for: All information pertaining to case number 2018-5659 in which Alexander Hamilton was arrested around 7 p.m. at the intersection of Congress Avenue and 9th Street. This is not a proper body camera request no date mentioned. Note: This is still a proper request for public information for the non-body camera information that is responsive. .

Proper Body Worn Camera Request? (Slide 5 of 12) Requestor Name: Eliza Hamilton Request for: All information pertaining to a theft incident involving Maria Reyolds on December 14, 2017, at the Richard Rodgers Theatre.

Proper Body Worn Camera Request? (Slide 6 of 12) Requestor Name: Eliza Hamilton Request for: All information pertaining to a theft incident involving Maria Reyolds on December 14, 2017, at the Richard Rodgers Theatre. Not a proper body camera request no time mentioned. Note: This is still a proper request for public information for the non-body camera information that is responsive.

Proper Body Worn Camera Request? (Slide 7 of 12) Requestor Name: James Madison Request for: The investigation file regarding the arrest of John Laurens around 1 a.m. on December 3, 2017, for burglary of habitation.

Proper Body Worn Camera Request? (Slide 8 of 12) Requestor Name: James Madison Request for: The investigation file regarding the arrest of John Laurens around 1 a.m. on December 3, 2017, for burglary of habitation. Not a proper body camera request no location mentioned. Note: This is still a proper request for public information for the non-body camera information that is responsive.

Proper Body Worn Camera Request? (Slide 9 of 12) Requestor Name: NBC News Request for: Officer George King s body camera video pertaining to a shoplifting incident at Walmart on December 3, 2018 at about 7 p.m.

Proper Body Worn Camera Request? (Slide 10 of 12) Requestor Name: NBC News Request for: Officer George King s body camera video pertaining to a shoplifting incident at Walmart on December 3, 2017 at about 7 p.m. Not a proper body camera request no subject of the recording named.

Proper Body Worn Camera Request? (Slide 11 of 12) Requestor Name: George Washington Request for: Information pertaining to the crash I was in. (Please see attached CR-3 report.)

Proper Body Worn Camera Request? (Slide 12 of 12) Requestor Name: George Washington Request for: Information pertaining to the crash I was in. (Please see attached CR-3 report.) This is a proper body camera request if the CR-3 has the required information for the recording. Proceed to section 1701.661(h).

Section 1701.661(h) (Slide 1 of 6) Section 1701.661(h) of the Occupations Code The recording was required to be made by law or the policies of the law enforcement entity; and Relates to a law enforcement purpose i.e. it is not purely personal.

Section 1701.661(h) (Slide 2 of 6) Section 1701.661(h) of the Occupations Code The recording was required to be made by law or the policies of the law enforcement entity; and Relates to a law enforcement purpose i.e. it is not purely personal. Does (h) apply? If one or both of the above are not true, the recording is confidential under section 1701.661(h). If both of the above are true, proceed to subsections 1701.661(c) and (d).

Section 1701.661(h) (Slide 3 of 6) Officer George King forgets to turn off his body worn camera and the recording captures his discussion about picking up milk from the store when his work shift is over.

Section 1701.661(h) (Slide 4 of 6) Officer George King forgets to turn off his body worn camera and the recording captures his discussion about picking up milk from the store when his work shift is over. The recording is confidential under Occ. Code 1701.661(h) and must be withheld under Gov t Code 552.101.