The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the internal use by the board or department of a photograph of a public safety officer.
A public or private safety agency or other employer of a public safety officer shall provide the department with access to personnel records of an employee or former employee of the agency or employer if:
The records are related to the issue being investigated.
A public or private safety agency or other employer of a public safety officer that discloses information under subsection (2) of this section is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability from the disclosure or the disclosure’s consequences. For purposes of this subsection, the presumption of good faith is rebutted upon a showing that the agency or employer disclosed the information knowing that the information was false or deliberately misleading or disclosed the information with malicious purpose.
If a public or private safety agency or other employer of a public safety officer fails or refuses to comply with a request made pursuant to subsection (2) of this section, the Director of the Department of Public Safety Standards and Training may apply to a court having jurisdiction over the matter for an order to compel compliance. [Formerly 181.675; 2017 c.228 §2]