Page:United States Secret Service Body-Worn Camera Policy.pdf/13

 retention schedule. Any copies retained by the TFO’s parent agency and/or in the possession of any third party engaged by the parent agency to store or process BWC recordings, even if managed under a different records retention protocol, shall be deemed federal records of the Secret Service pursuant to the Federal Records Act, and may not be modified, released, or disposed of without the prior agreement of the Secret Service. In all circumstances, TFO BWC recordings made during Secret Service-led task force operations shall be treated as law enforcement sensitive information, the premature disclosure of which could reasonably be expected to interfere with enforcement proceedings, and as potential evidence in a criminal investigation subject to applicable federal laws, rules, and policy concerning any disclosure or dissemination; and therefore, deemed privileged absent appropriate redaction prior to disclosure or dissemination.

Nothing in this policy shall be deemed to provide a right of public access to TFO BWC recordings made during Secret Service-led task force operations. Once the TFO parent agency has provided the Secret Service with a duplicate recording of the TFO BWC footage, the recording will be considered the property of the Secret Service, and will be retained, controlled, and managed by the Secret Service. The Secret Service is responsible for considering requests to release TFO BWC recordings made during Secret Service-led task force operations. These records cannot be disseminated by the parent agency without the written permission of the Secret Service, subject to the following exceptions:
 * Internal Dissemination
 * The TFO’s parent agency is authorized to use TFO BWC recordings for internal investigations of its personnel consistent with the parent agency’s policies and procedures, but may not disseminate the BWC recording outside the parent agency or for public release without the written permission of the Secret Service. The parent agency shall provide written notification to the Secret Service prior to any internal review.
 * Expedited Public Release
 * If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO’s parent agency shall notify the Secret Service and the United States Attorney’s Office in the responsible federal district as early as possible if the TFO’s parent agency desires to publicly release the TFO’s BWC recording(s). Notifications to Secret Service may be made to the SAIC of the Secret Service-led the task force. The Secret Service and the United States Attorney’s Office will expeditiously review the recording(s) and provide official concurrence with public release as soon as practical, unless there are specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means. Upon official concurrence, the TFO’s parent agency may immediately release the recording(s) with any agreed-upon redactions, giving as much advance notice as possible to the Secret Service and United States Attorney’s Office as to the time and manner of its release.

Memorialization

Subject to the guidance set forth in this policy, the SAIC of the Secret Service-led task force is responsible for memorializing any agreement with state, local, tribal, and territorial law enforcement agencies on the use of BWCs by federally deputized TFOs during Secret Service-led task force operations.

The SAIC will execute a Memorandum of Understanding (MOU), or addendum to a preexisting MOU, prior to use of BWCs by TFOs, that sets forth the details for the use of BWCs by TFOs on the task force consistent with this policy. Prior to entering into any agreement, the TFO’s parent agency shall provide to the SAIC of the Secret Service-led task force the details regarding the BWC system and cameras,