From the DOJ to you: what do US agencies need to know about video redaction?
“With routine and inexpensive [video] editing, agencies cannot credibly claim a lack of redaction capabilities.”
Thanks to the Freedom of Information Act (FOIA), the demand for transparency has escalated, with federal and state agencies inundated by requests for video records.
In 2022 alone, the federal government processed a record 878,420 FOIA requests.
Governed by its respective protocols and with no central office to manage FOIA requests, each agency handles sensitive data redaction differently, giving way to a variety of redaction styles and interpretations.
At the state level, sunshine laws govern the handling of FOIA requests, including document redaction and response timelines. Federal FOIA requests are more standardised: agencies have to reply within 20 working days, with possible extensions. Both levels aim to protect sensitive information while meeting legal and public standards.
The primary goal for specialised FOIA staff who deal with these video requests is to redact all sensitive or personal data before release.
What does the DOJ suggest?
As the demand for better video transparency grows along with the number of FOIA requests, the US Department of Justice (DOJ) released its best practices for video redaction in 2021. These include:
Proactive planning: Video recording should anticipate future redaction, requiring the right tools and budgets. Plan ahead!
The right tools for the job: Not all redaction tools are made equal. The specific needs of an agency concerning its volume, format, security, and budget should dictate tool selection.
Human resources: Behind every redaction tool is a skilled individual who ensures its correct application. This could be someone from the current FOIA staff, other agency employees, or even specialised external contractors.
Redaction methods: From blurring identities to omitting audio, redaction is a complex task demanding a strategic approach. The choice of video redaction software should be based on request frequency, video complexity, budget, and staff expertise.
Time is of the essence: Redaction is often meticulous work and sometimes requires frame-by-frame editing. Agencies should anticipate the time and resources this could consume.
Communication is key: Keep an open channel with the requester to pave the way for clearer expectations. This might also expedite the processing times, especially if there's mutual clarity on what is needed.
Retention schedules: It's not just about how to redact, but also what is available to redact. Agencies must be well-versed with video retention schedules and make sure they provide the records due to requesters.
Why the DOJ’s redaction advice goes beyond federal agencies
From law enforcement body cams to surveillance operations, agencies are having to adapt to the mounting volume of video content. The DOJ’s guidelines serve as fundamental best practices that show a clear commitment to transparency, and a need to respect data privacy.
But it goes beyond this. It puts video redaction into active and relatively simple terms, which shows that it can easily be applied to any sector that deals with video - especially those handling DSAR and ROA requests.
The evolving nature of these guidelines offers potential solutions, cutting through the red tape that has traditionally hindered businesses and other organisations from timely compliance.
Yes, it is an evolving framework, but it is clear that there are ways around the traditional restrictions which would have previously prevented businesses from carrying out these requests within the required timeline.
The DOJ recognises this and promotes a balance of transparency and privacy through the forward-thinking methods that automated video redaction can offer.
The guidelines also tackle the important challenge of ensuring uniform redaction in different types of media. Given the sheer volume and complexity of modern digital content, achieving uniformity in redaction practices has been a significant challenge. The DOJ's recommendations provide a much-needed framework for standardised practices, ensuring that all forms of media are treated with the same level of care and diligence in terms of privacy protection.
The DOJ's best practices are more than a checklist; they are a strategic blueprint for agencies to manage digital privacy proactively. By assimilating these guidelines, agencies can confront the nuanced challenges of today's information management and stand prepared for tomorrow's demands.