Agenda - 7-a - Orange County Sheriff’s Office Portable Audio-Video Recorders Policy

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G.S. 132-1.4A Page 2 (4) A personal representative of a deceased person whose image or voice is in the recording. (5) A personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. When disclosing the recording, the law enforcement agency shall disclose only those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. (d) Disclosure; Factors for Consideration. – Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency must either disclose the portion of the recording relevant to the person's request or notify the requestor of the custodial law enforcement agency's decision not to disclose the recording to the requestor. The custodial law enforcement agency may consider any of the following factors in determining if a recording is disclosed: (1) If the person requesting disclosure of the recording is a person authorized to receive disclosure pursuant to subsection (c) of this section. (2) If the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law. (3) If disclosure would reveal information regarding a person that is of a highly sensitive personal nature. (4) If disclosure may harm the reputation or jeopardize the safety of a person. (5) If disclosure would create a serious threat to the fair, impartial, and orderly administration of justice. (6) If confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation. (e) Appeal of Disclosure Denial. – If a law enforcement agency denies disclosure pursuant to subsection (d) of this section, or has failed to provide disclosure more than three business days after the request for disclosure, the person seeking disclosure may apply to the superior court in any county where any portion of the recording was made for a review of the denial of disclosure. The court may conduct an in-camera review of the recording. The court may order the disclosure of the recording only if the court finds that the law enforcement agency abused its discretion in denying the request for disclosure. The court may only order disclosure of those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. An order issued pursuant to this subsection may not order the release of the recording. In any proceeding pursuant to this subsection, the following persons shall be notified and those persons, or their designated representative, shall be given an opportunity to be heard at any proceeding: (i) the head of the custodial law enforcement agency, (ii) any law enforcement agency personnel whose image or voice is in the recording and the head of that person's employing law enforcement agency, and (iii) the District Attorney. Actions brought pursuant to this subsection shall be set down for hearing as soon as practicable, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts. (f) Release of Recordings to Certain Persons; Expedited Process. – Notwithstanding the provisions of subsection (g) of this section, a person authorized to receive disclosure pursuant to subsection (c) of this section, or the custodial law enforcement agency, may petition the superior court in any county where any portion of the recording was made for an order releasing the recording to a person authorized to receive disclosure. There shall be no fee for filing the petition which shall be filed on a form approved by the Administrative Office of the Courts and shall state the date and approximate time of the activity captured in the recording, or otherwise identify the activity with reasonable particularity sufficient to identify the recording. If the petitioner is a person authorized to receive disclosure, notice and an opportunity to be 11