Introduction

Police officers have been wearing body cameras for years now, and it's become a crucial tool for keeping communities safe. By using Body Worn Video (BWV) technology to capture real-time video recordings of police operations, the police can ensure that they are providing an accurate portrayal of events as they unfold. 

This recording can then be used as evidence in court proceedings, and can provide valuable insight into how a situation was dealt with.

Benefits of BWV

Body worn video is invaluable for law enforcement personnel in many ways. With the use of these cameras, officers are able to monitor their own actions more closely and accurately record events as they happen.

This allows officers to have a better understanding of the dynamics at play and how best to respond. BWV can also help protect both the officers and those they interact with, as it creates an extra layer of accountability by capturing events on video.

Using BWV

The use of body worn video (BWV) is governed by strict legal requirements and codes of practice set out in guidance issued by the National Police Chiefs’ Council (NPCC), the College of Policing and other external bodies.

In addition, proper training must be provided to all police officers using BWV, so they understand the legal implications of recording with these devices. It is also important that cameras are used properly, as any data captured can be used in court proceedings.

Purpose

Full policing is at the heart of effective crime prevention and public safety, and body-worn video (BWV) can play an important part in this. By having cameras mounted on officers' uniforms or equipment, a BWV system records what the officer sees during their patrols. It enables officers to collect evidence and recall incidents more accurately.

In many cases, the presence of body-worn video can improve officer conduct, increase public confidence, and help to resolve disputes. BWV also helps protect the police from false allegations and complaints.

Benefits

It has been shown that when officers are wearing a body camera during an incident, it encourages people to behave in a more civil manner. In addition, witnesses may be more willing to come forward with information. BWV footage can also help police officers to build a better understanding of all aspects of an incident, from the initial call for service to its conclusion.

BWV systems can reduce paperwork by automatically tagging evidence and providing real-time access to data. This allows officers to review and process evidence faster, which in turn reduces the amount of time needed to investigate a case and bring it to court.

Ethical considerations

The use of BWV raises important ethical considerations, such as privacy and transparency. Officers should be aware that they are responsible for the footage they collect during their duties and must ensure that this material is stored appropriately.

The NPCC has published guidance for officers on how to use body-worn video ethically and lawfully. This guidance covers topics such as when to turn the camera on, how to treat victims, and how to handle audio recordings.

Legal requirements

This section outlines the legislation relevant to the police use of BWV. Further details of this legislation and its impact on local procedures can be found in Police Use of Digital Images and in the relevant legislation itself.

Data protection

The use of Body Worn Video (BWV) technology involves the capture and processing of personal data such as video and audio recordings, which fall under the scope of two important sets of data protection legislation: the Data Protection Act 2018 (DPA 18) and the UK General Data Protection Regulation (UK GDPR). Where footage is obtained and processed for Law Enforcement Purposes DPA 18 applies. On the other hand, if BWV is used for any other purpose UK GDPR applies.

As a data controller, Forces must comply with these principles of the Data Protection Act and the General Data Protection Regulation:

1) Lawfulness, fairness and transparency;

2) Purpose limitation;

3) Data minimisation;

4) Accuracy;

5) Storage limitation; and

6) Integrity and confidentiality.

Additionally, the accountability principle requires that Forces are responsible for demonstrating compliance with the DPA 18 or UK GDPR principles.

In order to ensure data protection rights of individuals being recorded are respected, it is key to understand when operating BWV whether the purpose falls under Part 3 DPA 18 or UK GDPR.

Forces should make sure they are aware of all their data protection obligations when using body worn video and ensure that these principles are always adhered to.

If you’re ever unsure, check with your local Data Protection Officer for more information about this important area of law.

Data protection is an integral part of using body worn video technology, so make sure you take it seriously!

Rights of the individual

The use of Body Worn Video (BWV) technology is subject to the data protection laws established by the Data Protection Act 2018 and UK General Data Protection Regulation (GDPR). 

It is important for forces to be aware of their obligations in regard to these laws when using BWV, as well as the rights that data subjects have under this legislation. We recommend that police forces have a thorough understanding of this area and contact their Data Protection Officer for more information.

Individuals whose images are captured by BWV have the right to access any recordings of themselves, as set out in the GDPR and DPA 18 legislation. The police force must respond to a data subject access request within one month from its receipt and provide all information that might be relevant, unless there is an exemption under the legislation.

When a subject access request is made for BWV footage, it is important that the police force take steps to ensure that recordings are only accessible to those who have a legitimate need to view them and they are secured against unauthorised access.

Freedom of Information Act 2000

BWV footage may be subject to requests under the Freedom of Information Act 2000. Officers must be aware of their legal obligations when responding to such requests.

Environmental Information Regulations 2004

The Environmental Information Regulations 2004 (EIR) sets out the rules for handling environmental information held by public authorities. BWV footage may be subject to requests under the EIR, and officers must take steps to ensure that they are compliant with this legislation when responding to such requests.

Regulation of Investigatory Powers Act 2000

The Regulation of Investigatory Powers Act 2000 (RIPA) regulates the interception of communications and protects individuals’ rights and freedoms. BWV footage may be subject to requests under RIPA, and officers must ensure that they are compliant with this legislation when handling such requests.

Protection of Freedoms Act 2012 and the Surveillance Camera Code of Practice

The Protection of Freedoms Act 2012 sets out the rules for how surveillance camera systems should be used. This applies to body-worn video, and officers must comply with the Surveillance Camera Code of Practice when using BWV.

Police and Criminal Evidence Act 1984

The Police and Criminal Evidence Act 1984 (PACE) regulates the powers of police officers to search, seize, retain and disclose evidence. BWV footage is subject to PACE, and officers must take steps to ensure that they are compliant with this legislation when handling such requests.

Information management

Officers must ensure that BWV footage is stored securely and in accordance with data protection legislation. If evidence is to be used in court, it’s essential that the footage is managed and labeled correctly.

Audit trail 

An audit trail should be maintained when using BWV systems to track the movement of footage and ensure that it is stored securely. This will help officers to comply with data protection legislation and protect against any unauthorised use of the system.

Logging data

Officers must keep accurate records of their BWV footage, including the time and date it was recorded, who authorised its use, and how long it is stored for. This will help ensure that data is handled securely and in accordance with data protection legislation.

Providing copies for the defence

In some cases, BWV footage may be used as evidence in court. In these instances, officers must ensure that they provide a copy of the footage to the defence as soon as possible and before any proceedings take place. 

This will help to ensure that both parties have access to all relevant evidence and can make informed decisions about how their case is presented.

Storage of Data

Officers must ensure that BWV footage is stored securely and in accordance with data protection legislation. The NPCC has published guidance on the appropriate storage of BWV footage, including recommendations for how long it should be retained for.

Overall, body-worn video (BWV) has become an invaluable tool for police officers to capture evidence and protect themselves from false allegations. It can help officers to build a better understanding of all aspects of an incident, from the initial call for service to its conclusion. 

By following the NPCC guidelines and taking into account the legal and ethical considerations when using BWV systems, officers can ensure that their evidence is stored securely and used appropriately.

In short, body-worn video (BWV) is a powerful tool that can help officers to become more effective at their jobs. But for BWV systems to be used effectively, officers must take into account all relevant ethical, legal and data protection considerations when handling this type of evidence. By doing so, they can ensure that BWV footage is stored securely and used appropriately.

By following the NPCC guidelines on the use of body-worn video, and taking into account the legal and ethical considerations when handling this type of evidence, officers can ensure that their BWV footage is used appropriately. This will help to protect their own rights and freedoms, as well as those of any victims or witnesses involved in an incident.

Stop and search powers

When using body-worn video (BWV) to record a stop and search process, there are several practical considerations to keep in mind. According to the Police and Criminal Evidence Act 1984 (PACE), a person searched is not required to give their name, address or date of birth to the officer conducting the search. 

Additionally, officers may not use BWV during a stop and search encounter for the express purpose of identifying the subject. Furthermore, there is no specific power within PACE to take a photograph or video image of a person during a stop and search, but such action is not explicitly prohibited. As such, officers must consider whether it is proportionate and necessary in the circumstances to continue recording the encounter using BWV.

Lastly, if a stop and search does not result in any evidence of criminal conduct, officers must adhere to the appropriate process for ensuring that non-evidential material is destroyed promptly and in line with data protection requirements. 

Therefore, when recording a stop and search using body-worn video, it’s important to be aware of the relevant legislation and codes of practice, as well as to consider whether recording is necessary and proportionate in the circumstances. Doing so will ensure that stop and search processes are conducted appropriately, effectively, and with respect for privacy.

General Use of Body Worn Video

When using BWV, officers must ensure that their use of the equipment is in line with the relevant legislation and codes of practice. 

Officers should remember:

1. BWV should only be used to record incidents that are necessary for the performance of their duties or in response to a specific threat

2. there should be an appropriate balance between recording information and protecting individuals’ rights and freedoms

3. footage should only be recorded in locations where there is a reasonable expectation of privacy

4. before starting to record, officers must inform people that they are doing so and the reasons why

5. any recorded footage must be stored securely and any disclosure of it should be handled in accordance with the relevant data protection legislation.

Overall, BWV systems provide a valuable tool for officers to capture evidence, protect themselves from false allegations and build a better understanding of any incident. By following the relevant legislation and codes of practice when using BWV systems, officers can ensure that their evidence is stored securely and used appropriately. 

This will help to protect both their own rights and freedoms, as well as those of any victims or witnesses involved in an incident. By doing so, they can ensure that BWV footage is used to its full potential to improve the safety of themselves and their communities.

Starting a recording

When using a Body Worn Video (BWV) device, it is important to ensure that the recording being made is clearly identified as such. To do this, an officer needs to make a verbal announcement into the device at the start of any recording or as soon as possible afterwards. 

This announcement should be recorded and will ensure that anyone viewing the footage understands that it is a BWV recording.

Making a commentary while filming

Body-worn cameras offer a variety of benefits to evidence collection, including providing a full view of the scene even when the camera may not be able to record it all. In some cases, a user may need to provide additional commentary and description while operating their body-worn camera in order to capture more detailed information that can't be seen or heard. This commentary may include details such as describing people or items, locations, and any other relevant observations or conversations that occur during the incident.

It's important to note that body-worn cameras are not intended to record a user's entire shift. It should only be used when appropriate and necessary for an investigation or evidence collection purpose. 

If comments are made in relation to unrelated matters, these must not be captured on the recording as they may be considered irrelevant and could compromise any potential evidence.

Concluding or suspending a recording

Once a recording has been completed, the recorded data is considered police information and must be managed according to the Code of Practice on the Management of Police Information. 

It is recommended that officers make an announcement before concluding or suspending a recording, which should include their rationale for doing so. This announcement provides both clarity and transparency to those present during the recording and allows for easy reference in any future proceedings.

Conclusion

Body-worn video (BWV) has become increasingly popular amongst law enforcement agencies across the world. When used appropriately, it can provide valuable evidence and help protect both officers and any victims or witnesses involved in an incident. However, there are several legal and ethical considerations that must be taken into account when using BWV systems, such as stop and search procedures and general use of the equipment.

By ensuring that recordings are clearly identified as such, providing commentary where necessary and making appropriate announcements before concluding or suspending a recording, officers can ensure that BWV footage is used to its full potential to improve the safety of themselves and their communities. 

Furthermore, following the relevant legislation and codes of practice when using BWV systems will help to protect both their own rights and freedoms, as well as those of any victims or witnesses involved in an incident.

In summary, BWV systems can provide a valuable tool for officers to capture evidence, protect themselves from false allegations and build a better understanding of any incident. However, it is important to remember that all recordings should be kept secure and used in accordance with the relevant legislation and codes of practice. This will help to ensure that BWV systems are used responsibly, ethically and with respect for privacy.

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