Office of Information Practices

U Memo 25-10
December 9, 2024
Audio Portions of Body Worn Camera Recordings

A member of the public (Requester) appealed the Hawaii County Police Department’s (POLICE-H) response to his personal record request for copies of body-worn camera (BWC) recordings.  Specifically, he complained that portions of the recordings contained redactions of audio.  OIP concluded that POLICE-H satisfied its obligations under the UIPA to explain why no additional audio existed for the portions of the BWC recordings that did not have audio.  OIP found that POLICE-H had actual knowledge that BWCs do not record audio in buffering mode, and that officers had enabled the mute feature during some recordings.  OIP found that the recordings and officers’ actions were consistent with how BWCs are muted and how they record in pre-event buffering mode.  OIP further concluded that POLICE-H did not have to conduct a reasonable search for the relevant audio portions of the BWC recordings because employees with actual knowledge sufficiently explained that no audio ever existed for those portions and that POLICE-H’s response that no additional audio is available was proper under section 2‑71-14(c), HAR, and the UIPA.  Requester also complained that POLICE-HON did not respond to his request within 10 business days, and was not in compliance with OIP’s administrative rules.  OIP concluded that POLICE-H failed to respond within ten working days as required by section 92F-23, HRS.  OIP further concluded that POLICE-H’s failure to notify Requester of the specific parts of his personal record request that would not be disclosed and its legal basis for denying access did not violate the UIPA or chapter 2-71, HAR, because the notice requirements set out in section 2-71-14, HAR, apply to government record requests, not personal record requests.  Finally, OIP concluded that the UIPA and chapter 2-71, HAR, did not authorize POLICE-H to charge Requester for searching for, reviewing, and segregating records in response to his personal record request because section 2-71-31, HAR, applies to government record requests, not personal record requests.  HAR § 2-71-1