1. Criminal Justice Advisory Committee May 11, 2016
8/27/2019
Erik Arneson, Executive Director
Criminal Justice Advisory Committee May 11, 2016
@ErikOpenRecords
@OpenRecordsPA
(717)

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. 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
8/27/2019
Erik Arneson, Executive Director
THANK YOU
@ErikOpenRecords
@OpenRecordsPA
(717)