Loading...
HomeMy WebLinkAboutVIII-05 Approve Biennial Portable Recording System (Body-Worn Camera) AuditCity Council Memorandum To: Mayor Fasbender & City Council Members From:David D. Wilske, Chief of Police Date:November 17th, 2025 Item:Biennial Portable Recording System (Body-Worn Camera) Audit Council Action Requested: Accept and approve the independent biennial body-worn camera audit conducted by Lynn Lembcke Consulting. Background Information: The Hastings Police Department implemented a body-worn camera program in early 2017 and completed independent audits in 2019 and 2021. In accordance with Minn. Stat. 13.825 and 626.8473, a portable recording system (body-worn camera) audit was required in 2025 and has been completed. Hastings Police Department asserts it is compliant with Minn. Statute in fulfilling the requirements outline below: •Portable recording system data is classified as private data on individuals or nonpublic data, except data that document the discharge of a firearm by a peace officer or the use of force by a peace officer that results in substantial bodily harm. •Portable recording system data that are not active or inactive criminal investigative data are maintained for a minimum of 90 days and destroyed according to the City of Hastings Record Retention Schedule. •An inventory of portable recording system technology is maintained. •Peace officers may only use agency-issued portable recording systems. •The Hastings Police Department complies with sections 13.05, Subd. 5 and 13.055. •Sharing of portable recording system data with other law enforcement agencies is in accordance with 13.05, Subd. 5 and 13.055. •The Hastings Police Department has an adopted written policy relating to Portable Recording Systems. •The Hastings Police Department provided an opportunity for public comment before purchase and implementation of the most recent portable recording system. The final report has been submitted to the Legislative Commission on Data Practices and Personal Data Privacy. VIII-05 Financial Impact: Budgeted Item Advisory Commission Discussion: None Council Committee Discussion: None Attachments: •Independent Audit Report VIII-05 INDEPENDENT AUDIT REPORT Chief David Wilske Hastings Police Department 150 3rd St. E Hastings, MN 55033 Dear Chief Wilske: An independent audit of the Hastings Police Department’s Portable Recording System (body- worn cameras (BWCs))was conducted on February 18, 2025. The objective of the audit was to verify Hastings Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473. Data elements the audit includes: Minnesota Statute §13.825 •Data Classification •Retention of Data •Access by Data Subjects •Inventory of Portable Recording System Technology •Use of Agency-Issued Portable Recording Systems •Authorization to Access Data •Sharing Among Agencies Minnesota Statute §626.8473 •Public Comment •Body-worn Camera Policy Hastings Police Department is located in Dakota County, Minnesota and is authorized for thirty- two (32)peace officers. Hastings Police Department utilizes Axon body-worn cameras and Evidence.com cloud-based evidence management storage. The audit covers the time period July 1, 2021, through January 31, 2025. Audit Requirement: Data Classification Determine if the data collected by BWCs are appropriately classified. Hastings Police Department BWC data is presumptively private. All BWC data collected during the audit period is classified as private or nonpublic data. Hastings Police Department had no incidents of the discharge of a firearm by a peace officer, use of force that resulted in substantial bodily harm, requests from data subjects for the data to be made accessible to the public,or court orders directing the agency to release the BWC data to the public. No discrepancies noted. VIII-05 Audit Requirement: Retention of Data Determine if the data collected by BWC’s are appropriately retained and destroyed in accordance with statutes. Hastings Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention periods in Evidence.com. At the conclusion of a BWC recording,officers assign metadata, including an Evidence.com category, to the recording. Each category has an associated retention period.Upon reaching its retention date, evidence is systematically deleted. Deletion of the data is captured in the audit trail. An Evidence Created Report was produced from Evidence.com for all BWC data collected during the audit period. Records from the Evidence Created Report were reviewed, and the date and time the data was created was verified against the deletion date. Each of the records were deleted or maintained in accordance with the record retention schedule and maintained for at least the minimum ninety (90) days required by statute. Randomly selected audit trail reports were verified against the Evidence Created Report, and each record was deleted or maintained in accordance with the record retention. Hastings Police Department had received no requests from data subjects to retain BWC data beyond the applicable retention period. Supervisors and records staff monitor BWC data for proper categorization to ensure BWC data are appropriately retained and destroyed. No discrepancies noted. Audit Requirement: Access by Data Subjects Determine if individuals who are the subject of collected data have access to the data, and if the data subject requests a copy of the data, other individuals who do not consent to its release must be redacted. BWC data is available to data subjects and access may be requested by submission of a Hastings Police Department Government Data Request Form –Data Subjects. During the audit period, Hastings Police Department had received no requests to view BWC data but did receive and fulfill requests for copies of BWC data from data subjects.Data subjects who had not consented to release of the data were redacted. A copy of the redacted video is maintained Evidence.com along with the original video.BWC data requests are documented in the records request section of the records management system. No discrepancies noted. VIII-05 Audit Requirement: Inventory of Portable Recording System Technology Determine the total number of recording devices owned and maintained by the agency; a daily record of the total number of recording devices actually deployed and used by officers, the policies and procedures for use of portable recording systems by required by section 626.8473; and the total amount of recorded audio and video collected by the portable recording system and maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures for destruction of the data, and that the data are available to the public. Hastings Police Department’s BWC inventory consists of thirty-one (31)devices.An inventory report from Evidence.com detailed the total number of recording devices owned and maintained by the agency. The inventory included the device model, serial number, device name, officer assigned to the device, officer badge ID, date of last upload, device status, error status, firmware version, warranty date, date last docked, and camera state. Hastings Police Department’s BWC policy governs the use of portable recording systems by peace officers while in the performance of their duties.The policy requires officers to conduct a function test at the beginning of each shift to make sure the device is operating properly. Officers noting a malfunction during testing or any other time are required to promptly report the malfunction to their supervisor. Newly hired officers are trained on the use of BWCs as part of their field training program. Officers working on randomly selected dates, and randomly selected calls for service, were verified against Evidence.com and the Evidence Created Report and confirmed that BWCs are being deployed,and officers are wearing and activating their BWCs. A review of the total number of BWC videos created per quarter shows a consistent collection of BWC data. Evidence.com queries and the Evidence Created Report detail the total amount of BWC data created, stored/maintained, and deleted. Hastings Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention periods in Evidence.com.BWC video is fully deleted from Evidence.com upon reaching its scheduled deletion date. Metadata and audit trails are maintained in Evidence.com after deletion of BWC audio and video. BWC data is available upon request, and access may be requested by submission of a Hastings Police Department Government Data Request Form –Data Subjects. No discrepancies noted. Audit Requirement: Use of Agency-Issued Portable Recording Systems Determine if peace officers are only allowed to use portable recording systems issued and maintained by the officer’s agency. Hastings Police Department’s BWC policy states that only department-issued BWCs should be VIII-05 used without the express consent of the Chief of Police or authorized designee. No discrepancies noted. Audit Requirement: Authorization to Access Data Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of portable recording systems and in maintaining portable recording system data. Sergeants and the Commander conduct monthly reviews of BWC data ensure data is properly categorized and that BWCs are being utilized in compliance with policy. Nonpublic BWC data is only available to persons whose work assignment reasonably requires access to the data. User access to BWC data is managed by the assignment of roles and permissions in Evidence.com. Permissions are based on staff work assignments. Roles and Permissions are administered by the Commander. Access to Evidence.com is password protected and requires dual authentication. The BWC policy governs access to BWC data. Agency personnel authorized to access BWC data are allowed access to BWC data for legitimate department-related purposes. User access to BWC data is captured in the audit trail. The BWC policy states that any member who accesses or releases BWC media without authorization may be subject to discipline. When BWC data is deleted from Evidence.com, its contents cannot be determined. Hastings Police Department has had no security breaches.A BCA CJIS Security audit was conducted in March of 2023. No discrepancies noted. Audit Requirement: Sharing Among Agencies Determine if non-public BWC data is shared with other law enforcement agencies, government entities, or federal agencies. Hastings Police Department’s BWC and Records Maintenance and Release policies govern the sharing of data with other law enforcement agencies. BWC may be shared with other law enforcement agencies and government entities for legitimate, specified law enforcement purposes upon written authorization of the Chief of Police or the authorized designee.Law enforcement agencies seeking access to BWC data are required to submit a written request. Sharing of data is documented in an Evidence.com Sharing Audit Report and in the Records Request section of the records management system. No discrepancies noted. VIII-05 Audit Requirement: Biennial Audit Determine if the agency maintains records showing the date and time the portable recording system data were collected, the applicable classification of the data, how the data are used,and whether data are destroyed as required. Evidence.com and the Evidence Created Report document the date and time portable recording system data were collected and deleted. All BWC data collected during the audit period is classified as private or nonpublic data. Evidence.com audit trails, the Sharing Audit Report, and the records management system documents how data are used. The audit trail is maintained in Evidence.com after deletion of video. No discrepancies noted. Audit Requirement: Portable Recording System Vendor Determine if portable recording system data stored in the cloud, is stored in accordance with security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Axon BWC data is stored in Evidence.com in the cloud. An Axon CJIS Compliance White paper outlines the specific security policies and practices for Evidence.com and how they are compliant with the CJIS Security Policy. Axon has signed the CJIS Security Addendum in all states and has performed statewide CJIS-related vendor requirements in Minnesota. Axon has incorporated the CJIS Security Addendum by reference into the Axon Master Services and Purchase Agreement. Axon maintains signed CJIS Security Addendum certification pages for Axon personnel. Authorized Axon personnel are required to complete Level 4 CJIS Security Training upon assignment and biennially thereafter. No discrepancies noted. Audit Requirement: Public Comment Determine if the law enforcement agency provided an opportunity for public comment before it purchased or implemented a portable recording system and if the governing body with jurisdiction over the budget of the law enforcement agency provided an opportunity for public comment at a regularly scheduled meeting. Hastings Police Department purchased and implemented Digital Ally BWCs prior to the requirement of Minn. Statute § 626.8473, Subd. 2. Hastings City Council approved the BWC program on February 2, 2015. Hastings City Council held a Public Hearing for body camera public input at their June 1, 2020, Council meeting prior to the purchase and implementation of the Axon body worn cameras. No discrepancies noted. VIII-05 Audit Requirement: Body-worn Camera Policy Determine if a written policy governing the use of portable recording systems has been established and is enforced. The Hastings Police Department established and enforces a BWC policy. The policy was compared to the requirements of Minn. Stat. § 626.8473.The policy included all minimum requirements of Minn.Stat. § 626.8473, Subd. 3(b).The BWC policy is posted on the agency’s website. No discrepancies noted. This report was prepared exclusively for the City of Hastings and Hastings Police Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on information and documentation provided and examined. Dated: November 6, 2025 Lynn Lembcke Consulting Lynn Lembcke VIII-05