Opinion No. (2002)

BILL LOCKYER Attorney General THOMAS S. LAZAR Deputy Attorney General THE HONORABLE SIMON SALINAS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Are videotapes made by security cameras on public buses and other transit vehicles required to be retained for any specific length of time? CONCLUSION Videotapes made by security cameras on public buses and other transit vehicles are generally required to be retained for one year; the retention period may be reduced to 90 days under specified circumstances. ANALYSIS We are informed that many local agencies operate public transit systems in California that have buses and other transit vehicles equipped with security cameras. The question presented for resolution is whether state law requires the videotapes recorded by the security cameras to be retained for any length of time. We conclude that the videotapes generally are subject to a one-year retention period, but the period may be reduced to 90 days if certain conditions are met. In 1997, the Legislature amended Government Code section 34090.6 1 to read as follows: "(a) Notwithstanding the provisions of Section 34090 , the head of a department of a…