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At the same time, departments will occasionally need to be able to share evidentiary videos relating to a specific video with other law enforcement agencies.Even this limited sharing can raise privacy issues if the privacy protections the originating department has in place are not binding on the recipient agency.A video that is part of an active investigation is exempt from public records law but the agency can choose to make it public if it is in the public benefit.

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Many state legislatures are debating bills to address this issue.

In the meantime, departments have their own systems for how they deal with requests for video.

Requests from the public shall be granted or denied based upon the Maryland Public Information Act, which says to release records as long as release does not interfere with a law enforcement proceeding or constitute an unwarranted invasion of personal privacy.

Process for law enforcement agencies to request access is not specified.

In general, Police Commissioner must authorize access in writing.

Data shall not “be used to create a database or pool of mug shots.”Recordings may be viewed, but not copied, by: the media with a court order, or a person submitting a request for a specific recording identified by date, time, or other particularity.

The requestor may then request a copy, and will be charged for redaction fees.

“A citizen who had direct and primary interaction with an officer wearing a BWC” can request their confidential information not be redacted.

A person filing a complaint generally will be allowed to view the associated video unless it contains serious injury, death, or discharge of a firearm by an officer. Under IL law, recordings are subject to FOIA only if flagged for a complaint, discharge of a firearm, use of force, arrest or detention, or death or bodily harm.

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