Taser and Body Camera Use and Data Retention Policies

Mike Davis filed this request with the Boston Police Department of Boston, MA.
Tracking #

B000318-042518

Status
Completed

Communications

From: Mike Davis


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

This FOIA request seeks any offical policy provided to law enforcement personelle for the use, deployment and maintenance of body camera footage as well as non-lethal weapons usage and deployment logs (audit trail and media).

While we fully expect there to be written policy on record, your department may use a "taser" or "axon" branded system which has the following configuration settings which we also request
as this effectively embodies policy in configuration form:
Pre-Event Buffering
Quality Settings
Camera Audio Recording:
Stealth and Indicator Lights
Recording Status with Front Camera Light
Watermark
Bookmark While Recording
Toggle Camera Audio Recording
Pre-Event Mode Buffering Audio Recording
Axon Signal
Axon View Pairing
Offline Configuration

In the event that a different camera and or non-lethal weapons audit management system is in use, this request is for a sanitized version of thats systems configuration.

I am requesting a waiver of all fees under 5 U.S.C. Section 552(a)(4)(A)(iii). The information I seek is in the public interest because it will contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest.

I believe I meet the criteria for a fee waiver recognized by the U.S. Justice Department - in its policy guidance of April 1987 - and by the federal courts, See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362 363, 365 (D.C.D. 1989).

Also, the information sought has informative value, or potential for contribution to public understanding. Please note the decision in Elizabeth Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 1176 (D.C.D. 1979) (even a single document has the potential for contributing to public understanding). I plan to disseminate this information to the public at large though muckrock.com and other open sourced
publications.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Mike Davis

From: Boston Police Department

25 April 2018

*via email*
requests@muckrock.com

Re: April 17, 2018 Public Records Request #B000318-042518

Mr.Davis,

The Boston Police Department (BPD) received your April 17, 2018 request for
public records. This letter shall act as the response to your request for
public records. A response to a public records request must be provided
within ten (10) business days from the business day a written request was
received. G. L. c. 66, § 10 (a); 950 CMR 32.06(2)(b). It is expected that
all public records responsive to a request will be provided within
twenty-five business days from the business day a written request was
received. G. L. c. 66, § 10(b)(vi); 950 CMR 32.06(2)(i). This response
applies only to records that exist and are in the custody of the BPD. *See*
*A Guide to the Massachusetts Public Records Law*, p. 32, n.115. It is
expected that a custodian of records must use her superior knowledge of her
records with respect to responses to public records requests. 950 CMR
32.04(5).

Specifically, you requested:

Any offical policy provided to law enforcement personelle for the use,
deployment and maintenance of body camera footage as well as non-lethal
weapons usage and deployment logs (audit trail and media).

While we fully expect there to be written policy on record, your department
may use a "taser" or "axon" branded system which has the following
configuration settings which we also request

as this effectively embodies policy in configuration form:

Pre-Event Buffering

Quality Settings

Camera Audio Recording:

Stealth and Indicator Lights

Recording Status with Front Camera Light

Watermark

Bookmark While Recording

Toggle Camera Audio Recording

Pre-Event Mode Buffering Audio Recording

Axon Signal

Axon View Pairing

Offline Configuration

Pursuant to the Massachusetts law a municipal records custodian is
permitted to assess fees for the provision of public records. G. L. c. 66,
§ 10 (d); 950 CMR 32.07. There is a presumption under the Massachusetts
Public Records Law that government records are public; however, government
records custodians are permitted to redact or withhold portions of public
records. See G. L. c. 4, § 7 (26).

Please be advised the Boston Police Department’s body camera pilot program
has ended. The department is not using or configuring devices.

Responsive documents to your request are attached in this email.

Under Massachusetts law you may appeal this response to the Supervisor of
Records in the Office of the Secretary of the Commonwealth. G. L. c. 66, §
10A; 950 CMR 32.08.

If you require additional records, have any questions, or concerns please
call 617.343.4520 <(617)%20343-6660>.

Respectfully,

Liaison Miraj

Office of Media Relations

Files

pages

Close