Policy Text
1Santa Clara County Office of the Sheriff
Surveillance Use Policy for Digital Voice Recorders
Purpose
Digital Voice Recorders may be issued to Sherifls Office personnel to record verbal
statements of victims, witnesses, suspects and others in criminal and administrative
investigations; as well as to record audio of incidents or events being monitored or
investigated by Sheriff s Office personnel as part of their law enforcement duties. If a
search warrant is legally required in a specific instance, a search warrant shall be obtained.
The Sheriff s Office uses various models of Digital Voice Recorders. The model utilized
by the Sheriff s Office shall not have surveillance capabilities beyond the function of a
basic Digital Voice Recorder, which shall be to record audio with the ability to save audio
files. Current Digital Voice Recorders utilized by the Sheriff s Office include:
o Olympus DM-10;o Olympus LN-702;o Olympus LN-722;. Olympus WS-852.
Digital Voice Recorders with surveillance capabilities beyond digital audio recordings shall
be prohibited, unless they are subject to another Surveillance Use Policy that addresses
those capabilities. For example, a security camera that also has a digital voice recorder
would be subject to the Surveillance Use Policy for that security camera.
2. Authorized and Prohibited Uses
Digital Voice Recorders shall only be used by Sheriff s Office personnel in compliance
with this Surveillance Use Policy. Authorized uses for Digital Voice Recorders shall be
limited to recording verbal statements of victims, witnesses, suspects and others in criminal
and administrative investigations; and recording audio of incidents or events being
monitored or investigated by Sheriff s Office personnel as part of their law enforcement
duties.
Digital Voice Recorders shall not be used for personal or non-law-enforcement purposes.
3. Data Collection
Digital Voice Recorders shall record audio data and store the data on digital files within
the device.
4. Data Access
Access to recorded data shall be limited to SherifPs Office personnel involved in the
criminal or administrative investigation, including Sheriff s Office Executive Command
Staff members; and to other county personnel designated by the Sheriff or the Sherifls
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Digital Voice RecordersPage I of3
August 2018
Approved: 08/28/2018
5.
6.
8.7designee to the extent that the Sheriff or the Sheriff s designee determines that access is
reasonably necessary for a specific criminal, civil, or administrative investigation or action.
Data Protection
Data downloaded from digital voice recorders shall be maintained in a secure, non-public
location, such as locations requiring security access or badge access. Login credentials
including username and password shall be required to access data retained on the Sheriff s
network.
Data Retention
Datamay be downloaded onto an electronic storage device for purposes of documentation
or evidence in a criminal or administrative investigation. Downloaded, copied, and printed
data shall be maintained in accordance with applicable state and federal laws and Sheriff s
Office policies and procedures. The original data shall be deleted from the Digital Voice
Recorders after download no later than 90 days from the original recording.
Public Access
Data from Digital Voice Recorders shall be made public or deemed exempt from public
disclosure pursuant to state and/or federal law. For public requests for data, the Sheriff s
Office shall confer with County Counsel to determine whether the requested data is exempt
from disclosure pursuant to the Califomia Public Records Act, or is legally required to be
disclosed, and shall respond to requests in compliance with applicable law.
Third-Party Data-Sharing
Data-sharing from the Digital Voice Recorders shall be limited to only the following:
o District Attorney's Office for use as evidence to aid in prosecution, in accordance with
laws goveming evidence;o Public Defender's Office or criminal defense attorney via the District Attorney's Office
in accordance with California discovery laws;o Other law enforcement offices as part of a specific criminal or administrative
investigation;
o Defendant in a traffic matter, in response to subpoenas issued by the defendant;o Parties in a civil litigation involving the County, in response to a subpoena or civil
discovery;
o County Personnel Board, arbitrator, or Court regarding a county administrative action
or litigation;
o Other third parties, pursuant to a Court Order.
Training
Training for the operation of the Digital Voice Recorders shall be provided by Sheriff s
Office personnel. All Sheritrs Office personnel with access to Digital Voice Recorders shall
be provided a copy of this Surveillance Use Policy.9
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Digital Voice RecordersPage2 of3
August 2018
10. Oversight
Division Commanders for divisions utilizing Digital Voice Recorders shall ensure
compliance with this Surveillance Use Policy.
Approved as to Form and Legality
Rob Coelho
Office of the County Counsel
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Digital Voice RecordersPage 3 of3
August 2018