§ 41-1734 — Video recordings; release; consent; redactions; request requirements; fee

A. The department may release to the public a copy of a video recording only if one or more of the following apply:

1. All persons other than peace officers shown in the video recording consent to the release, or any information that may identify persons shown in the video has been redacted. If a person shown in the video recording is deceased, the person's parent, guardian, next of kin or estate may provide the consent.

2. The department is the custodian of the video recording and reasonably determines that there is an important public purpose for releasing the video recording, including a situation in which the video recording involves any of the following:

(a) A person being arrested for a misdemeanor or felony with a sentence that may result in incarceration.

(b) One or more peace officers using physical force.

(c) An allegation of law enforcement misconduct.

B. Before the department releases to the public a copy of a video recording, the department shall review the video recording to determine whether redacting or withholding the video recording is appropriate. The department:

1. Shall redact information that may identify persons shown in the video recording if a reasonable expectation of privacy exists unless the department obtains the consent of all persons required by subsection A, paragraph 1 of this section or the video recording involves an arrest described in subsection A, paragraph 2, subdivision (a) of this section. If the video recording involves an incident occurring in a public place, the department is not required to redact information that may identify persons who appear in the video recording only incidentally.

2. May withhold or redact a video recording if the department determines that the video recording is a public record and that privacy, confidentiality or the best interests of this state outweigh releasing or disclosing the video recording.

3. May withhold or redact a video recording if withholding or redacting the video recording is necessary to protect a victim's rights guaranteed under article II, section 2.1, Constitution of Arizona.

C. Notwithstanding title 39, chapter 1, article 2, the department shall deny a person's request for a copy of a video recording if the person fails to comply with the requirements of this section. The department may not release a copy of the video recording unless the person submits a written request that contains all of the following information:

1. The date and approximate time of the video recording.

2. The specific location where the video recording occurred.

3. The name of one or more persons known to be a subject of the video recording.

D. A person who makes a public records request to the department for a video recording but who fails to provide all of the information required in subsection C of this section may submit a subsequent request for the same video recording by providing all of the required information.

E. The department shall establish a fee that is charged to a person who submits a request for a copy of a video recording pursuant to this section. The department may take into consideration the following information when determining the amount of the fee:

1. The cost of reviewing, making a copy of and, as necessary, redacting the video recording.

2. The hourly compensation of a public records employee.

3. Any other relevant information.