Freedom of Information Requests

Freedom of Information (FOI) acts exist in most countries and apply to public records and the agencies that generate them. Public sector agencies are often concerned that using apps or other software to capture information will make the devices discoverable or subject to subpoena under FOIA (Freedom of Information Act).

In many cases, the statutes focus on the information within the scope of the request contained in public records—rather than provide the devices on which the information was processed. For similar reasons, if responsive information is duplicated in multiple locations, the information need only be provided once.

Axon Mobile Apps

Axon provides several mobile applications for use by public sector agencies, including Axon Capture, Axon View, and the Axon App. These apps are designed to help agencies collect, manage, and upload evidence securely. While there may be some temporary storage on the device, the information is ultimately uploaded to Axon's Digital Evidence Management System (DEMS) or the Records and Standards Management System (RMS).

Key Questions

Does using any of these mobile apps make a device discoverable via public records laws like FOIA?

While discoverability of records can depend on a variety of factors, public records statutes often focus less on devices and more on information responsive to the request. If identical information is available in more than one system, it may be sourced from any of those systems.

How do these mobile apps process evidence?

These apps provide the means for agencies to collect, process, and upload evidence data onto their chosen platforms. The apps function the same whether they are accessed from a personal or company-managed device.

The table below summarizes the current Axon App data collection, sharing, and storage:

Product	Use Case	Connects to which systems?	Stores data on device?	Can be used on personal devices?
Axon App	Improve agency efficiency, data compliance, and officer satisfaction by enabling workflows in the field. Features include searching, playing back, and managing digital evidence, writing, reviewing, submitting, and searching records, and requesting digital evidence from community members.	Axon Evidence, Axon Records, Axon Standards, Axon Performance	Yes, temporarily within the app and using local storage on device	Yes – agency controlled
Axon Capture	Securely collect evidence (pictures, video, audio) and upload it to Axon Evidence.	Axon Cloud Services	Yes, within the app. The evidence is retained until manually triggered to upload. Once uploaded, evidence is removed from the device.	Yes – agency controlled
Axon View	Pair devices with Axon cameras to view footage stored on BWC before upload.	Axon Cloud Services	Footage is stored on the BWC and not on the device. Users can stream footage to the app from the BWC. Thumbnails associated with BWC footage are stored temporarily in the device's local storage.	Yes – agency controlled

What happens to the evidence after it is uploaded from the Axon Capture app?

Once the evidence is uploaded from the Axon Capture app, it is completely removed from the local device's storage.

Can these apps be used on personal devices?

Yes, all the listed Axon apps can be used on personal devices, but access is agency-controlled to ensure compliance and security.