HomeMy WebLinkAbout05(G) - Biannual Body Worn Camera (BWC) Audit Report
INDEPENDENT AUDIT REPODRT
Chief Steven Frazer
Prior Lake Police Department
4649 Dakota St. SE
Prior Lake, MN 55372
Dear Chief Frazer:
An independent audit of the Prior Lake Police Department’s Portable Recording System (body-
worn cameras (BWCs)) was conducted on April 19, 2020. The objective of the audit was to
verify Prior Lake 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
The Prior Lake Police Department is located in Scott County, Minnesota and employs thirty (30)
peace officers. The Prior Lake Police Department utilizes Axon body-worn cameras and utilizes
Evidence.com cloud-based evidence management storage.
Audit Requirement: Data Classification
Determine that the data collected by BWCs are appropriately classified.
Prior Lake Police Department BWC data is presumptively private. A report produced from
Evidence.com for all BWC data collected during the time period January 1, 2018, through
December 31, 2019, was created. All data collected during the specified time period is classified
as private or non-public data. There were no instances of data classified as public data. The
Prior Lake 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.
Audit Requirement: Retention of Data
Determine that the data collected by BWC’s are appropriately retained and destroyed in
accordance with statutes.
The Prior Lake 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 meta data, including an Evidence.com category, to the recording.
Each Evidence.com 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.
Randomly selected records from Evidence.com and 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. Randomly selected
records were verified against audit trail reports, and each record was deleted or maintained in
accordance with the record retention. Records selected were from the time period January 1,
2018, through December 31, 2019. The Prior Lake Police Department has not received a request
from a data subject 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 that 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 and access may be requested by submission of a City of Prior Lake Data
Request Form. During the time period January 1, 2018, through December 31, 2019, the Prior
Lake Police Department had no requests to view BWC data but did fulfill requests for copies of
BWC video from data subjects. Data subjects other than the requestor were redacted. A copy of
the redacted video is stored in Evidence.com along with the original copy. The request is
documented in the Evidence.com notes section and in the Records Management System. A copy
of the request form is maintained. The Records Supervisor is responsible for reviewing all data
prior to its release.
No discrepancies noted.
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.
Prior Lake Police Department’s BWC inventory consists of 32 devices. An inventory search in
Evidence.com on April 19, 2020, detailed the number of recording devices owned and
maintained by the agency. The inventory included the device model, serial number, device
name, and the officer assigned to the device.
The Prior Lake Police Department’s BWC policy requires officers to conduct a function test of
their BWC at the beginning of each shift. Meta data applied to function tests provides a daily
record of the total number of BWC devices deployed. A review of randomly selected dates from
the patrol schedule were verified against the Evidence.com Evidence Created Report and
confirmed that 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.
The Prior Lake Police Department has established and enforces a BWC policy that governs the
use of portable recording systems by peace officers while in the performance of their duties.
Police Supervisors conduct quarterly random reviews of BWC data to ensure Officers are
capturing BWC data as required by policy. During implementation of the BWC program, peace
officers were trained by an Axon trainer. New officers are trained on the use of portable
recording systems as part of their field training program.
The Evidence.com System Usage Dashboard and Evidence.com queries detail the total amount
of BWC data created, stored/maintained, and deleted.
The Prior Lake Police Department utilizes the General Records Retention Schedule for
Minnesota Cities and agency specified retention periods in Evidence.com.
BWC data is fully deleted from Evidence.com upon reaching its scheduled deletion date. Meta
data and audit trails are maintained in Evidence.com after deletion of BWC video and audio.
BWC data is available upon request, and access may be requested by submission of a City of
Prior Lake Data Request Form.
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.
The Prior Lake Police Department’s BWC policy authorizes and requires the use of department-
issued BWCs, and states that peace officers may use only department-issued BWCs in the
performance of official duties.
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.
Supervisors conduct monthly reviews of BWC data to ensure accuracy and compliance with
policy. Supervisors and Records staff monitor meta data assigned to BWC data to ensure
accuracy and proper retention.
User access to BWC data is managed by the assignment of roles and permissions in
Evidence.com. Roles and Permissions are administered by the Police Commander, and
permissions are based on staff work assignments. The agency’s BWC policy governs access to
and sharing of data. Prior Lake Police Department personnel are prohibited from accessing or
sharing BWC data except for legitimate law enforcement purposes. The BWC policy requires
department members to document the purpose for accessing BWC data within Evidence.com.
Access documentation is captured in the audit trail.
When BWC data is deleted from Evidence.com, its contents cannot be determined. The Prior
Lake Police Department has had no security breaches.
No discrepancies noted.
Audit Requirement: Sharing Among Agencies
Determine if nonpublic BWC data is shared with other law enforcement agencies, government
entities, or federal agencies.
The Prior Lake Police Department’s BWC policy allows for the sharing of data with other law
enforcement agencies for legitimate law enforcement purposes only and for the sharing of data
with prosecutors, courts and other criminal justice entities as provided by law. Agencies
requesting access submit a written request. Secure electronic sharing of data within
Evidence.com is captured in the audit trail. Sharing of data is documented on a spreadsheet and
within the case in the Records Management System.
No discrepancies noted.
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.com Evidence Created Report document the date and time
portable recording system data were collected and deleted per retention. All BWC data collected
from the time period January 1, 2018, through December 31, 2019, is classified as private or
non-public data. A spreadsheet, case notes in the Records Management System, and the
Evidence.com audit trail document how the data are used. The audit trail is maintained in
Evidence.com after deletion of video. The Evidence.com audit trail documents each and every
action taken from the creation of the recording to its deletion, as well as access to the audit trail
after BWC has been deleted.
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.
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.
The Prior Lake City Council solicited for public comment at their August 21, 2017, meeting.
The Council approved the purchase of BWCs at their October 16, 2017, meeting and the BWC
system was implemented January 1, 2018.
No discrepancies noted.
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 Prior Lake Police Department has established and enforces a BWC policy. The policy was
compared to the requirements of Minn. Stat. § 626.8473. The agency’s policy includes all
minimum requirements of Minn. Stat. § 626.8473, Subd. 3. The BWC policy is posted on the
agency’s website.
No discrepancies noted.
This report was prepared exclusively for the City of Prior Lake and Prior Lake Police
Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on
information and documentation provided and examined.
Dated: April 27, 2020 Lynn Lembcke Consulting
______________________________________
Lynn Lembcke