Criminal Justice Advisory Committee May 11, 2016 8/27/2019 Erik Arneson, Executive Director Criminal Justice Advisory Committee May 11, 2016 http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA earneson@pa.gov (717) 346-9903

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…”

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

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

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

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

Erik Arneson, Executive Director 8/27/2019 Erik Arneson, Executive Director THANK YOU http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA earneson@pa.gov (717) 346-9903