It depends. Washington law specifies what is required in a request for a copy of a body-worn camera video (see RCW 42.56.240(14) for detail). A request must include:

• The name of a person or persons involved in the incident;
• The incident or case number;
• The date, time, and location of the incident or incidents; or
• The identification of law enforcement or corrections officers involved in the incident or incidents.

Washington law does limit disclosure of body-worn videos in certain circumstances (see RCW. 42.56.240(14) for detail), such as when a video:

• Contains images of any areas of a medical facility, counseling, or therapeutic program office;
• Contains information that meets the definition of protected health information;
• Contains images of the interior of a place of residence where a person has a reasonable expectation of privacy;
• Contains images defined in the RCW as “intimate,” i.e., nudity, partial nudity, sexually explicit content;
• Contains images of an identifiable minor;
• Contains images of a deceased person;
• Contains the identity or communications from a victim or witness of an incident involving domestic violence or sexual assault; or
• Contains images from an incident where a domestic violence or sexual assault victim or witness indicates a desire for non-disclosure of their recorded identity or communications.

In the above scenarios, FPD may release the video with the relevant video/audio redacted (blurred or blocked out) and/or audio redacted (sound removed). If none of the above scenarios exist, the video may be released un-redacted, depending on whether the victim has requested non-disclosure.

Washington law does identify some exceptions for the disclosure of offensive or private videos listed as not subject to disclosure (see RCW 42.56.240(14) for detail). You can receive a copy of video state law defines as not disclosable to the public if:

• You are directly involved in the incident;
• You are an attorney representing someone involved in the incident for the relevant criminal case and explain the relevancy of the requested video;
• You are an Executive Director from the Washington State Commission on African-American Affairs, Asian-Pacific Affairs, or Hispanic Affairs;
• You are an attorney who represents a person in a potential or existing civil cause of action involving the denial of civil rights under the federal or state constitution, or a violation of a United States Department of Justice settlement agreement and explain the relevancy of the requested video.

Please visit the Public Records Request page on the City of Fircrest website to see information on how to request copies of the videos.

Will a suspect in a crime be able to view a copy of a video?

A suspect in a crime is subject to the same laws of all requestors of body-worn video and follow the same process.

Will I be charged a fee to receive BWC footage?

Maybe. Washington law allows local law enforcement agencies to charge for reasonable costs for redacting video (see RCW 42.56.240(14) for detail).

Exempt from the charges are:

• A person directly involved in a recorded incident and their attorney;
• A person or his or her attorney who requests a body worn camera recording relevant to a criminal case involving that person;
• Executive Directors from with the Washington State Commission on African-American Affairs, Asian-Pacific Affairs, or Hispanic Affairs;
• Attorneys who represents a person in a potential or existing civil cause of action involving the denial of civil rights under the federal or state constitution, or a violation of a United States Department of Justice settlement agreement and explain the relevancy of the requested video.

Washington law also allows local law enforcement agencies to charge for actual cost of copying video (see RCW 42.56.120 for detail).

The City of Fircrest will charge redaction costs based on actual redaction time. The City will charge requestors redaction costs reflecting the actual time it takes to redact a particular video calculated at the rate of $0.45 per minute for 2022.  The redaction rate will increase on January 1, 2023 to $.052 per minute to reflect the current pay scale of the employee, to include the COLA.