CO HB1152

Establishes a 3-year maximum retention period for passive surveillance records created by Colorado government entities, with automatic destruction required after the third anniversary unless legally retained.

Permits access to passive surveillance records between the first and third anniversary only if a notice of claim has been filed or an accident or specific incident may make the record evidence in a civil, labor, administrative, or felony criminal proceeding.

Requires government custodians to maintain a record of the reason for accessing passive surveillance records after the first anniversary and to document which person accessed the records.

Defines passive surveillance as continuous image recording devices (video cameras, closed circuit television, photo radar, etc.) positioned to capture human activity on a routine basis for security or monitoring purposes at facilities such as schools, hospitals, parking garages, and transit facilities.

Exempts correctional facilities, local jails, private prisons, juvenile facilities operated by the Colorado Department of Human Services, and records required under federal law from the retention limits.