165.87(3)(a)2.a. a. The individual is depicted in the recording, or the individual’s voice is audible in the recording.

165.87(3)(a)2.b. b. The individual’s identity is known to the law enforcement agency.

165.87(3)(a)2.c. c. The individual is not suspected of committing a crime or other violation of law in connection with the law enforcement officer’s presence in the location that was recorded.

165.87(3)(a)2.d. d. The individual is not a law enforcement officer who was acting in an official capacity, unless a crime or other violation of law has been committed or is alleged to have been committed against the law enforcement officer while the law enforcement officer was present at the location that was recorded.

165.87(3)(a)3. 3. “Requester” has the meaning given in s. 19.32 (3).

165.87(3)(b) (b) Data from a body camera used on a law enforcement officer are subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (c).

165.87(3)(c) (c)

165.87(3)(c)1. 1. It shall be the public policy of this state to maintain the privacy of a record subject who is a victim of a sensitive or violent crime or who is a minor and that access to data from a body camera used on a law enforcement officer that record such a record subject shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject’s face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision regarding the privacy of a record subject who is a victim of a sensitive or violent crime does not apply if the record subject, or his or her next of kin if the record subject is deceased, does not object to granting access to the data. The presumption under this subdivision regarding the privacy of a record subject who is a minor does not apply if the parent or legal guardian of the record subject does not object to granting access to the data.

165.87(3)(c)2. 2. It shall be the public policy of this state to maintain the privacy of a record subject who is in a location where the record subject has a reasonable expectation of privacy and that access to data from a body camera used on a law enforcement officer that record a record subject in such a location shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject’s face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision does not apply if the record subject does not object to granting access to the data.

165.87(3)(c)3. 3. If a requester believes that an authority has improperly made a decision to redact or deny access to data under subd. 1. or 2., the requester may pursue the remedies under s. 19.37 (1).

165.87(3)(d) (d) For purposes of requests under s. 19.35 (1) for access to data from a body camera used by a law enforcement agency, the law enforcement agency is the legal custodian of the record, and if any other authority has custody of any such data, that authority is not the legal custodian of that data. If any other authority receives a request under s. 19.35 (1) for that data, that authority shall deny any portion of the request that relates to that data.

165.87(3)(e) (e) Nothing in this subsection prohibits the release of data from a body camera under s. 175.47 (5) (b).

165.87 History History: 2019 a. 108; 2021 a. 240 s. 30.

165.875 165.875 Public safety peer counseling.

165.875(1) (1) Definitions. In this section:

165.875(1)(a) (a) “Agency” means a law enforcement agency, a tribal law enforcement agency, a fire protection or emergency medical services agency, or any other agency or entity, including a nonprofit organization, that employs, represents, or serves law enforcement officers, tribal law enforcement officers, correctional officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency medical responders, emergency medical services practitioners, public safety personnel, or ambulance service provider personnel.

165.875(1)(b) (b) “Ambulance service provider” has the meaning given in s. 256.01 (3).

165.875(1)(c) (c) “Communication” means an oral statement, written statement, note, record, report, or document made during or arising out of a meeting between a recipient of peer support services or critical incident stress management services and a peer support team member or a critical incident stress management services team member.

165.875(1)(d) (d) “Correctional officer” has the meaning given in s. 301.28 (1).

165.875(1)(e) (e) “Critical incident” means an actual or perceived event or situation that involves a crisis, disaster, trauma, or emergency.

165.875(1)(f) (f) “Critical incident stress management services” means services provided by a critical incident stress management services team or a critical incident stress management services team member to any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, or civilian employee or volunteer member of a law enforcement agency affected by a critical incident and designed to assist the individual affected by a critical incident to cope with critical incident stress or to mitigate reactions to critical incident stress. “Critical incident stress management services” includes any of the following:

165.875(1)(f)1. 1. Critical incident stress defusings.

165.875(1)(f)2. 2. Critical incident stress debriefings.

165.875(1)(f)3. 3. On-scene support services.

165.875(1)(f)4. 4. One-on-one support services.

165.875(1)(g) (g) “Critical incident stress management services team member” means any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, civilian employee or volunteer member of a law enforcement agency, or other person who has been trained in critical incident stress management services and officially designated by the agency head or the agency head’s designee to be a member of the agency’s critical incident stress management services team.

165.875(1)(h) (h) “Emergency medical responder” has the meaning given in s. 256.01 (4p).

165.875(1)(i) (i) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

165.875(1)(j) (j) “Fire fighter” means any person employed by the state or a political subdivision as a member or officer of a fire department or a member of a volunteer fire department, including the state fire marshal and deputies.