House Bill 373, a KLC Initiative passed during the 2018 session, created a new law that reduces the burden on cities in complying with open records requests involving body-worn camera recordings. Now, KRS 61.168 and KRS 61.169 govern disclosure of body-worn camera recordings. Prior to the changes, the body-worn camera recordings were treated like any other public record. The new statutes balances continued transparency of law enforcement agencies with citizens’ right to privacy and the burden on cities in complying with the requests.
The following flow chart walks through the statute to help you determine what may or may not be disclosed under the new statute. While this chart provides general guidance, each disclosure determination will be very fact-specific. Make sure to consult your city attorney or KLC Legal Services for additional assistance.
When releasing body-worn camera recordings to an attorney pursuant to KRS 61.168(5)(d) and 61.169, cities may utilize the Affidavit In Support of Limited Release of Body-Worn Camera Recordings. The Affidavit User Guide and other information can be found here, as well as a Word version of the affidavit.