Police Department Policy

09 - V3-08 Consent to Use Photographs

St. Petersburg PD

Policy Text
1 (12/13/2019 ) ST. PETERSBURG POLICE DEPARTMENT INSTRUCTIONAL ORDER Subject: CONSENT TO USE PHOTOGRAPH Index as: Blog Follow Podcast Speech Comment Followers Post Tweet Concerted Activity Informed Consent Profile VLOG Consent Off-duty Proof of Life Website Consent to Use Photograph On-duty Social Media WIKI Data Extraction Page Social Networking World Wide Web (WWW) Decoy WWW Accreditation Standards: 43.1.2 Cross Reference: I.O. V.3:07 Human Trafficking ISB SOP II -02 Informant Control Restricted ISB SOP II -05 Equipment City Administrative Policy #070700 Social Media Replaces : NEW POLICY This Order establishes guidelines for the use of any St. Pe tersburg Police Department Officer’s photograph (s) on the internet or mobile devices . It consists of: I. Policy II. Purpose III. Definitions IV. Procedures V. Storage of Photographs VI. Photographs for Court Proceedings VII. Training I. POLICY A. It is the policy of the St. Petersburg P olice Department that all sworn personnel , when consenting to the release of their photograph via the internet or mobile devices for the purpose of criminal investigations , shall sign the Consent to Use Photograph form authorizing its use . II. PURPOSE A. Through the course of an investigation, a Un it within the Department may need to use photographs in an undercover/fictitious capacity while communicating with subjects online via the internet or mobile device, i.e. subjects who are seeking to engage in illegal activities with children. B. This Order details the polic ies and procedures to be used by Department Units for obtaining informed consent from Officers for the use of their individual photographs in the course of an investigation . DATE OF ISSUE EFFECTIVE DATE NUMBER November 2019 Immediately V.3:08 Distribution: All Employees Instructional Order V.3:08 2 (12/13/2019 ) III. DEFINITIONS A. Blog – A commentary or self-published journal allowing visitors to post comments, feedback , or reactions. B. Comment – The expression of a reaction or opinion on a webpage through remarks, in text, or video. C. Concerted Activity – An activity that is protected under federal labor law. D. Consent – The voluntary agreement or acquiescence by a person who is of age ; has the requisite mental capa city, knowledge, and understanding; and is not under duress or coercion . E. Data Extraction – The process of extracting and/or finding pertinent data from an array of social media and internet related sources. This process can be used as an investigative tool due to the frequency of persons often posting information about crimes they have committ ed on social media websites. F. Decoy – An Officer who assumes the identity or physical appearance of a victim or potential victim of a crime with the goal of apprehending a suspect in the commission of a crime. G. Follow – A term closely associ ated with socia l media websites that refers to the ability to see others ’ updates on a personal timeline , newsfeed, message board, or home page . H. Followers – People who receive updates for a blog or social media website (e.g., Twitter, Facebook, etc.) . I. Informed Consent – An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, including the risks involved and/or any available alternatives. J. Off-duty – The t ime frame outside of a regular tour of duty and/or assigned duties. K. On-duty – A regular tour of duty and/or assigned duties, participant in a special assignment for the Department, or when an incident occurs requiring members to act in the capacity of a n Officer. L. Page – A section of a social media websit e where the material included is managed and displayed by an individual(s) with access or administrator rights. M. Podcast – A program (audio or video) made available in digital format that can be download ed or streamed over the Internet . N. Post – Any content uploaded, entered, or placed on a blog, any type of computerized bulletin or message board, forum, or social media site. This includes but is not limited to the act of creating, uploading, editing , or adding text, photographs, audio, video, or any other multimedia file to any social media outlet. O. Profile – Information that a user provides about himself or herself on a social networking site. For the purpose of this Order , profiles on social media sites will contain information about the Department. P. Proof of Life – Documents, photographs, videos, or phone calls used as an investigative tool to confirm or solidify the undercover persona. Q. Social Media – Online sources that allow people to communicate, share, and/or exchange information with others via some form of on line or cellular network platform. Information may include, but is not limited to, text, photographs, video, audio, and other multimedia files. R. Social Networking – The development of social and professional contacts; the sharing of information and services among people with a common interest. S. Speech – Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. T. Tweet – A posted message on

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