In the battle for police accountability, body-worn cameras (BWCs) were hailed as the “ultimate truth-teller.” However, as of December 2025, that truth is becoming harder to access. Across the United States, a wave of new legislative efforts is threatening to pull a digital curtain over police encounters.

If you have been involved in an incident with law enforcement, the clock is ticking. Between aggressive data-deletion policies and new bills designed to weaken the Freedom of Information Act (FOIA), the window to secure your evidence is closing.

The December 2025 Trend: A New Era of Secrecy?

Recent analyses, including a major December 2025 report by BGA Policy, have identified a coordinated push to limit public access to body cam video. Lawmakers in several states have introduced bills—such as HB 3380 and SB 1796—that seek to redefine body cam footage as “presumptively exempt” from public records requests.

Key legislative threats emerging this month include:

  • Court Order Requirements: Some 2025 bills propose that footage should only be released via a court order, even to the individuals appearing in the video. This adds a massive financial and legal hurdle for victims of misconduct.

  • Media Restrictions: New “commercial purpose” clauses (like those in HB 3515) are being used to block social media channels and independent news sites from obtaining footage, effectively ending the era of viral accountability.

  • Privacy “Proxies”: Laws are being drafted to expand “reasonable expectations of privacy” so broadly that almost any encounter—even those in public parks or streets—could be shielded from public view.

The Danger of the “90-Day Wipe”

Beyond new laws, the biggest threat to your evidence is the retention policy. In many jurisdictions, including Illinois and Minnesota, police departments are only required to keep “non-evidentiary” footage for 60 to 90 days. If the video isn’t officially “flagged” as evidence of a crime or a formal complaint, the server automatically overwrites it.

If you wait for a court date to request the video, the footage may already be gone forever.

Tutorial: How to Secure Your Evidence Before It’s Deleted

If you suspect police misconduct, you must act before these December 2025 bills or automatic deletion policies take effect. Follow this step-by-step guide:

1. Send a “Preservation Letter” Immediately

Do not wait to file a formal FOIA request. Send a Notice of Preservation to the police department’s legal counsel and the Chief of Police. This letter legally notifies them that the footage is relevant to potential litigation and must not be deleted.

  • Include: Date, approximate time, location, and the names/badge numbers of the officers (if known).

2. File a Formal FOIA / Public Records Request

Submit a written request for the footage. In your request, be as specific as possible to avoid “vague request” denials.

  • SEO Tip: Explicitly state you are making an access police body cam footage request under your state’s specific statute (e.g., the Law Enforcement Officer-Worn Body Camera Act).

3. Leverage Your “Subject Status”

Many of the restrictive 2025 bills still allow “special access” for the people actually in the video. If you were the one stopped or arrested, you have a higher legal standing than the general public. Mention your “Subject of Record” status to bypass certain privacy exemptions.

4. Demand an “Adverse Action” Explanation

If your request is denied, the agency must provide a specific legal exemption. If they cite a “pending investigation,” ask for the expected completion date and re-file the moment that date passes.

Conclusion

Access to body camera footage is the cornerstone of modern civil rights litigation, but the laws are shifting beneath our feet. The legislative push in late 2025 shows that many agencies are prioritizing “privacy” as a way to avoid public scrutiny. Proving misconduct requires more than just a FOIA request for body cam footage; it requires the immediate filing of preservation notices and, in many cases, a court-ordered subpoena to stop the “90-day wipe.” To ensure your evidence isn’t deleted or hidden behind new legislative loopholes, contact Lforlaw today to connect with an expert police misconduct evidence lawyer specialized in securing critical video data and navigating the complex 2025 transparency laws.

Sources

  • Better Government Association (BGA) Policy: Six bills sought to reduce public access to body cam footage (Dec 17, 2025).

  • BGA Policy Analysis: 2025 FOIA Legislation Analysis – Impact on Transparency (Dec 9, 2025).

  • Minnesota Department of Administration: Updated Language in Minn. Stat. sec. 13.825 regarding Body Camera Data (Effective July 1, 2025).

  • National Conference of State Legislatures (NCSL): Body-Worn Camera Laws Database 2025 Update.

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