Policy Text
Santa Clara County Office of the Sheriff
Ilandheld Digital Cameras
Surveillance Use Policy
Santa Clara County
SherifPs Office
Custody Bureau
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Surveillance Use Policy - Handheld Digital Cameras November 2018
Approved: 01/15/2019
1. Purpose
Sherifls handheld Digital Cameras shall be used by only Sheriff s Office personnel,
primarily for incident documentation, evidence collection, and to aid in the evaluation of
internal processes. The following makes and models have been issued throughout the
Custody Bureau facilities :
o Canon PowerShot ELPH-180
o Canon Power Shot 42300
o Canon Power Shot ELPHI60
2. Authorized and Prohibited Uses
Handheld Digital Cameras shall only be used by Sheriff s Office personnel for the following
pu{poses:
o Documentation;
o Evidence collection;
o Safety and security;
o Ceremonies or events;
o Social Media purposes;
o Other law enforcement or first responder uses not prohibited by law.
Handheld Digital Cameras shall not be used for any other purposes, unless approved by the
Sheriff or Sheriff s designee for official Sheriff s Office purposes. For example, Sheriff s
Office Executive Management may approve the use of Handheld Digital Cameras to record
events significant to the Sheriff s Office, such as Academy graduations and deputy-
promotional events.
Handheld Digital Cameras shall not be used for personal or non-official purposes; and shall
not be used to harass, intimidate, or discriminate against any individual or group. The
cameras shall be used in a legal manner, and shall not be used to surreptitiously record
individuals in locations under circumstances where there is a reasonable expectation of
privacy, such as restrooms, changing rooms, lactation accommodation rooms, or other areas
where an individual would reasonably expect not to be recorded, while those rooms are being
used for their intended purpose.
3. Data Collection
It shall be permissible for the following data be obtained througlr the use of digital cameras
o Digital Still Images;
o Video;
o Audio.
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Surveillance Use Policy - Handheld Digital Cameras November 2018
4. Data Access
Access to recorded data shall be limited to Sheriff s Office personnel involved in the care
and custody of inmates or personnel involved in a criminal or administrative investigation,
including Sheriff s Office Executive Command Staff members. As part of administrative
cases, access to recordings may be provided to Labor Relations, County Counsel, and others
who are authorized in writing by the Sheriff or Sheriff s designee to have access for a legal
County business reason.
5. Data Protection
Data downloaded from Handheld Digital Cameras shall be maintained in a secure, non-
public location, such as a secured server or location requiring security access. Downloaded
electronic data shall be stored on an encrypted device (e.g. server, hard drive, flash drive).
6. Data Retention
It shall be permissible for data to be downloaded onto an electronic storage device
for purposes of documentation, or as evidence in a criminal or administrative
investigation. All downloaded, copied, and printed data shall be maintained in
accordance with applicable state and federal laws and Sheriff s Office policies
and procedures.
Original data shall be deleted from the Handheld Digital Camera no later than 90
days after the original recording.
Data procured for the purpose of evaluating jail processes may be archived and
retained indefinitely as needed by Sheriff s administration.
Data procured at a ceremony or other authorized event by the Sheriff or Sheriff s
designee may be retained indefinitely as authorized by Sheriff s administration.
Data procured for investigative or evidentiary purposes shall be retained in
accordance with applicable state or federal evidentiary laws. Such data shall be
retained according to SherifPs Office retention policies governing investigatory
files, and in all cases shall not be deleted before the adjudication process, to
include applicable statute of limitations for any appeals processes.
All other data, unless required to be retained longer by law or policies, or
necessary for an ongoing investigation or prosecution, shall be deleted no later
than 90 days after a determination has been made that the data is not required to
be retained.
7. Public Access
Data from Handheld Digital Cameras shall be made public or deemed exempt from public
disclosure pursuant to state or federal law. For public requests for data, the Sheriff s Office
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Surveillance Use Policy - Handheld Digital Cameras November 2018
shall confer with County Counsel to determine whether the requested data is exempt from
disclosure pursuant to the California Public Records Act, or is legally required to be
disclosed, and shall respond to requests in compliance with applicable law.
8. Third-PartyData-Sharing
It shall be permissible for data from Handheld Digital Cameras to be shared with only the
following:
District Attorney's Offrce for use as evidence to aid in prosecution, in accordance
with laws goveming evidence;
Public Defender's Office or criminal defense attorney via the District Attorney's
Office in accordance with California discovery laws;
Other law enforcement offices as part of a specific criminal or administrative
investigation;
Parties to civil litigation involving the County, in response to a subpoena or civil
discovery;
County Personnel Board, arbitrator, or Court regarding a county administrative action
or litigation;
aOther third parties, pursuant to Court Order
9. Training
Training for Handheld Digital Cameras shall be provided by Sheriff s personnel. All
Sheriff s Office personnel with access to this equipment shall be provided a copy of this
Surveillance Use Policy.
1,0. Oversight
Division Captains for divisions utilizing Handheld Digital Cameras shall ensure compliance
with this Surveillance Use Policy.
Approved as to