[directive] 8.1  Minimum 180-Day Retention Period.  A BWC recording shall be retained by the law enforcement agency that employs the officer for a retention period consistent with the provisions of this Section, after which time the recording shall be permanently deleted.  A BWC recording shall be retained for not less than 180 days from the date it was recorded, but shall be subject to additional retention periods as required in Sections 8.2, 8.3 and 8.4.  8.2  Automatic Three-Year Retention Period.  A BWC recording shall automatically be retained for not less than three years if it captures images involving an encounter about which a complaint has been registered by a subject of the BWC recording.  8.3  Three-Year Retention Period Upon Request.  Subject to any applicable retention periods established in Section 8.4 to the extent such retention period is longer, a BWC recording shall be retained for not less than three years if voluntarily requested by: (a) law enforcement officer whose BWC made the video recording, if that officer reasonably asserts the recording has evidentiary or exculpatory value; (b) a law enforcement officer who is a subject of the BWC recording, if that officer reasonably asserts the recording has evidentiary or exculpatory value; (c) any immediate supervisor of a law enforcement officer whose BWC made the recording or who is a subject of the BWC recording, if that immediate supervisor reasonably asserts the recording has evidentiary or exculpatory value; (d) any law enforcement officer, if the BWC recording is being retained solely and exclusively for police training purposes; (e) any member of the public who is a subject of the BWC recording; (f) any parent or legal guardian of a minor who is a subject of the BWC recording; or (g) a deceased subject's next of kin or legally authorized designee.  To effectuate subparagraphs (e), (f), and (g) of this Section, the member of the public, parent or legal guardian, or next of kin or designee shall be permitted to review the BWC recording to determine whether to request a three-year retention period, in accordance with the provisions of the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., to determine whether to request a three-year retention period.  BODY WORN CAMERA POLICY | January 2022 21 8.4  Additional Retention Requirements.  Notwithstanding the provisions of Sections 8.1, 8.2, or 8.3 of this Policy, a BWC recording shall be subject to the following additional retention requirements: (a) when a BWC recording pertains to a criminal investigation or otherwise records information that may be subject to discovery in a prosecution, the recording shall be treated as evidence and shall be kept in accordance with the retention period for evidence in a criminal prosecution; (b) when a BWC records an arrest that did not result in an ongoing prosecution, or records the use of police force, the recording shall be kept until the expiration of the statute of limitations for filing a civil complaint against the officer or the employing law enforcement agency; (c) when a BWC records an incident that is the subject of an internal affairs complaint, the recording shall be kept pending final resolution of the internal affairs investigation and any resulting administrative action.