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with the USMS. All copies of TFO BWC recordings made during federal Task <br />Force Operations and shared with the USMS via the USMS VRS shall be deemed <br />federal records of the DOJ/USMS pursuant to the Presidential and Federal <br />Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26, <br />2014), and subject to federal disclosure rules and regulations, including the <br />Freedom of Information Act (FOIA, 5 U.S.C. § 552) and Privacy Act of 1974. <br />The original footage that remains in the custody of the Partner Agency shall not <br />be disseminated by the TFO or TFO Partner Agency without advance written <br />notification to the USMS of the intention to do so as soon as practicable <br />B. The Partner Agency will provide full, unredacted, duplicate copies of TFO BWC <br />recordings to the USMS for all activations that record data of USMS Task <br />Force- related Operations. The existence of TFO BWC recordings relating to a <br />USMS Task Force Operation must be recorded in the USMS authorized record <br />system. Additionally, an unredacted copy of any recording to be released by the <br />TFO Partner Agency shall be provided to the USMS prior to said release. <br />The Partner Agency is authorized to use the original TFO BWC recordings for <br />internal review of its personnel consistent with the Partner Agency's policies and <br />procedures but may not disseminate the BWC recording outside the Partner <br />Agency or publicly release the footage without advance written notification to the <br />USMS. The Partner Agency's original TFO BWC recording is subject to the <br />relevant state open records laws and state retention requirements. <br />D. The Partner Agency will notify the USMS immediately of any unauthorized <br />access to TFO BWC recordings discovered by the Partner Agency. The Partner <br />Agency will cooperate fully with the USMS in the investigation of any <br />unauthorized access to or disclosure of TFO BWC recordings, including <br />providing the USMS with the name(s) of any Partner Agency personnel <br />determined by the Partner Agency to be involved in unauthorized access, <br />copying, or disclosure. <br />E. In all circumstances, TFO BWC recordings shall be treated as taw enforcement <br />sensitive information. The premature disclosure of these recordings could <br />reasonably be expected to interfere with enforcement proceedings. TFO BWC <br />recordings may be potential evidence in a federal investigation subject to <br />applicable federal laws, rules, and policy concerning disclosure or dissemination <br />and therefore are deemed privileged, absent appropriate redaction prior to <br />disclosure or dissemination. Further, BWC recordings may be entirely exempt <br />from public release or other disclosure or dissemination under applicable federal <br />and state laws, rules, and policy. <br />F. If a TFO BWC recording involves a "reportable incident," as defined below, or <br />involves another time -sensitive or urgent situation, the Partner Agency will provide <br />the USMS access to copies on an expedited basis, including during non -business <br />Page of <br />LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION <br />- Updated 09/01/2023 <br />