Criminal Justice Advisory Committee

This information highlights the types of video records held by agencies, including stationary and handheld cameras like dashcams, bodycams, and drones. It also discusses the lack of significant caselaw around video records under the RTKL. Additionally, pending legislation such as SB 976 addresses bodycams specifically, amending the Wiretap Act to allow their use. Other bills like HB 420 and SB 411 propose amendments to the RTKL. Explore the impact of these legislative changes on the use and access to video records.

• Video Records
• Legislation
• Bodycams
• RTKL
• Pending

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Presentation Transcript

1. Erik Arneson, Executive Director Criminal Justice Advisory Committee May 11, 2016 http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA earneson@pa.gov (717) 346-9903

2. RTKL Definition of Record No question that videos are included Information, regardless of physical form or characteristics, that documents a transaction or activity of an agency [including] a tape, photograph, film or sound recording

3. Video Records Types of video records held by agencies Stationary, affixed cameras May or may not pan and zoom Handheld/portable cameras Dashcams Bodycams Tasers (e.g., Mearkle case near Harrisburg) In that case, released by District Attorney Drone cameras

4. Video Records Under RTKL Not a large body of caselaw Dashcam cases: Grove v. PSP 1, Grove 2 Pending cases at OOR w/ affixed cameras No bodycam cases before OOR No Taser cases before OOR No drone camera cases before OOR

5. Pending Legislation SB 976: Addresses bodycams specifically Amends Wiretap Act, allowing bodycams Includes public record / privacy measures Approved by Senate Judiciary Pending before the full Senate

6. Pending Legislation Other bodycam bills all in original committee HB 420 (Kirkland) HB 1303 (Moul) SB 483 (Brewster) SB 764 (McIlhinney) SB 411: Significant amendments to RTKL Does not change impact on video records

7. Erik Arneson, Executive Director THANK YOU http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA earneson@pa.gov (717) 346-9903