Thank you for joining our Webinar We will
Thank you for joining our Webinar! We will begin shortly. If you have any questions during the event, please utilize the Q&A panel to send questions to “all panelists. ” We will leave time at the end of the presentation to answer your questions.
Law Enforcement Data Webinar Part 1 May 13, 2020
We are a statewide resource Data Practices Office • Informal advice/technical assistance on data practices and the Open Meeting Law • Commissioner of Administration advisory opinions • Website and informational materials: https: //mn. gov/admin/data-practices/ • Listserv and newsletters • Legislative assistance • Training
Today’s agenda • High-level data practices overview • Classification of law enforcement data • Protected identities • Q&A
Government data practices • MN Government Data Practices Act, Ch. 13 • Presumes government data are public • Classifies data that are not public • Access rights for the public and data subjects • Data on individuals are accurate, complete, current, and secure • Minnesota Rules Chapter 1205
Government Data Defined “All data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. ” (Minn. Stat. § 13. 02, subd. 7)
Categories of Government Data on Individuals Data Not on Individuals Data that identify someone Data that do not identify someone • Public employee’s work telephone • Makes and models of police number vehicles • Name and address of adult arrestee • Building plans of a detention • Booking photographs center • Names of companies that are preferred vendors
Classification of Government Data Classification Meaning of Classification Examples Public Available to anyone for any reason Adult arrest information Private/ Nonpublic Available to: Peace officer records • Data subject of children • Those in entity whose work requires access • Entities authorized by law • Those authorized by data subject Confidential/ Protected Nonpublic Available to: • Those in entity whose work requires access • Entities authorized by law Not available to data subject Active criminal investigative data
Adult Law Enforcement Data Minnesota Statutes, section 13. 82
Application • Applies to agencies which carry on a law enforcement function • Includes: § Municipal police and county sheriff departments § Fire departments § BCA, state patrol, POST • Does not include prosecuting attorneys § Informal AG opinion disagrees with advisory opinion 01 -079 o Public prosecutors in original provision; removed in 1981 amendment o Section 13. 393 applies to data held by government attorneys o Local prosecution authorities are criminal justice agencies
What’s public? Is there an active investigation? • No: • All inactive investigation data are public (subject to several exceptions) • Yes: • The following data are public, subject to protection of certain identities: • Arrest data (subd. 2) • Request for service data (subd. 3) • Response or incident data (subd. 6) • Criminal investigative data presented in court (subd. 7)
Arrest data Actions taken to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty shall be public at all times in the originating agency: • If adult: • Name, age, sex, and last known address • Time, date, and place of action • Resistance, pursuit, weapons • Legal basis for action (charge, arrest or search warrant) • Agency, units and individuals taking action • Custody info (whether and where) • Use of ALPR, body cam, wiretapping (unless jeopardize investigation) • Manner received info leading to arrest and names of informants (unless protected identities) • If juvenile (hearing not public): age and sex only
Request for service data Requests by the public for law enforcement services shall be public: • Nature of the request or the activity • Name and address of the individual making the request (unless protected identity) • Time and date of the request or complaint • Response initiated and the response or incident report number
Response or incident data Data describing the agency’s response to a request for service, or actions taken by the agency on its own initiative shall be public: • Date, time and place of the action • Agencies, etc. participating in the action (unless protected identities) • Any resistance encountered, pursuit engaged in, or weapons used • Brief factual reconstruction of events associated with the action • Names and addresses of witnesses to agency action or incident (unless protected identities)
Response or incident data, cont. • Names and addresses of any victims (unless protected identities) • Name and location of the health care facility to which victims were taken • Response or incident report number • Use of body camera to document the agency’s response • Specific to traffic accidents: • Dates of birth of the parties involved • Whether the parties involved were wearing seatbelts • Alcohol concentration of each driver
Criminal investigations Active investigative data - data collected or created by law enforcement to prepare a case against a person are confidential/protected nonpublic and are only accessible to those within the agency who need it to do their job or those with statutory authorization • Examples: • Arrest, request for service, response or incident data (public) • Protected identities (private) – subd. 17 • Public benefit data (discretion to release) – subd. 15 • Exchange of information by law enforcement agencies – “pertinent and necessary” to an investigation – subd. 24 • Prosecutor shall release to victim upon written request – subd. 13 • Data presented as evidence in court – subd. 7
Inactive investigative data are public, except: • Jeopardize ongoing investigation (confidential/protected nonpublic) • Reveal protected identities (private) • Images and recordings (photographs, video, audio records) offensive to common sensibilities (private) • Certain child or vulnerable adult abuse data (private) • Certain body camera data (private) – section 13. 825
When are investigations inactive? • Decision not to pursue or prosecute • Time to charge expires • All rights to appeal exhausted or expired • Not guilty/exonerated
Protecting identities Section 13. 82, subdivision 17 • Law enforcement must have procedures to acquire and make the decisions to protect certain identities. • Identity data are private. • Identifying information can be more than a name.
IDs automatically protected Law enforcement must protect identities of some individuals • Undercover law enforcement officer • Victim or alleged victim of criminal sexual conduct or sex trafficking • Deceased person unlawfully removed from a cemetery • Mandated reporter • Person making a 911 call or name and phone number of service subscriber if either: • Reason is for help in a mental health emergency; or • Determine would threaten safety of person or property
IDs could be protected Law enforcement must make certain decisions to protect the following: • Paid or unpaid informant • Will disclosure threaten the personal safety of the informant? • Victim or adult witness to a crime • Must ask to have ID protected and • The safety or property of the victim would be at risk • Juvenile witness • If subject matter of the investigation justified protecting
Questions?
We Count Minneosta Census 2020
2020 Census Minnesota WHO: Everyone that is living in Minnesota is counted, regardless of state residency, citizenship, etc. WHAT: The census drives policy for the next 10 years and is meant to display an accurate depiction of individuals living in Minnesota. WHEN: On March 12 th households will receive an invitation to respond online, by phone, or by U. S. mail. Individuals can respond to the census until late August. WHERE: There are three ways to respond to the census: online; by phone; or, by U. S. mail. If a household does not respond, then a Census enumerator may knock on their door starting at the end of April. WHY: Census data determines Minnesota’s congressional representation, federal funding, planning decisions, and business decisions. Check out the new State of Minnesota 2020 Census Website: https: //mn. gov/admin/2020 census/
Thank you! Data Practices Office (DPO) Info. dpo@state. mn. us 651 -296 -6733 or 800 -657 -3721
- Slides: 25