Colorado § 24-72-113 Limit on retention of passive surveillance records - definition

Colorado Statutes

§ 24-72-113 — Limit on retention of passive surveillance records - definition

Colorado·Title 24 Government·Art. Public Records

(1)As used in this section, passive surveillance means the use by a government entity of a digital video camera, video tape camera, closed circuit television camera, film camera, photo radar recorder, or other image recording device positioned to capture moving or still pictures or images of human activity on a routine basis or for security or other purposes, including monitoring or recording traffic, weather conditions, office activities, transit facilities, parking garages, sports venues, schools, day care centers, hospitals or other medical facilities, recreational facilities, playgrounds, swimming pools, or utility facilities. Passive surveillance does not include surveillance triggered by a certain event or activity and that does not monitor at regular intervals. Passive s

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(1)
As used in this section, passive surveillance means the use by a government
entity of a digital video camera, video tape camera, closed circuit television camera,
film camera, photo radar recorder, or other image recording device positioned to
capture moving or still pictures or images of human activity on a routine basis or for
security or other purposes, including monitoring or recording traffic, weather
conditions, office activities, transit facilities, parking garages, sports venues,
schools, day care centers, hospitals or other medical facilities, recreational
facilities, playgrounds, swimming pools, or utility facilities. Passive surveillance
does not include surveillance triggered by a certain event or activity and that does
not monitor at regular intervals. Passive surveillance does not include the use of
toll collection cameras.

(2) (a) The custodian, as defined in section 24-72-202, may only access a
passive surveillance record beyond the first anniversary after the date of the
creation of the passive surveillance record, and up to the third anniversary after the
date of the creation of the passive surveillance record, if there has been a notice of
claim filed, or an accident or other specific incident that may cause the passive
surveillance record to become evidence in any civil, labor, administrative, or felony
criminal proceeding, in which case the passive surveillance record may be retained.
The custodian shall preserve a record of the reason for which the passive
surveillance record was accessed and the person who accessed the passive
surveillance record beyond the first anniversary after its creation. All passive
surveillance records must be destroyed after the third anniversary after the date of
the creation of the passive surveillance record unless retention is authorized by this
section.

(b) This section does not apply to passive surveillance records of any
correctional facility, local jail, or private contract prison, as defined in section 17-1-102, any juvenile facility operated by the Colorado department of human services,
as listed in sections 19-2.5-1502, 19-2.5-1511, and 19-2.5-1527 to 19-2.5-1529, or any
passive surveillance records made or maintained as required under federal law.

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Legislative History

Source: L. 2014: Entire section added, (HB 14-1152), ch. 96, p. 350, � 1, effective April 4. L. 2021: (2)(b) amended, (SB 21-059), ch. 136, p. 745, � 118, effective October 1.