41.3.8 (LE1) In-Car and/or Body-Worn Audio/Video

41.3.8 (LE1)

(M M M M) (LE1) In-Car and/or Body-Worn Audio/Video

If the agency employs in-car and/or body-worn cameras, a written directive includes:

a.policy statement on purpose and organization philosophy regarding use;

b.requirements and restrictions for activation and deactivation of the device;

c.criminal and administrative use of camera captured data;

d.data storage and retention requirements;

e.equipment maintenance and inspection procedures; and

f.training requirements for users and supervisors~~; and~~

g.~~requirements for documented review of camera captured data including frequency and quantity~~.

Commentary

The use of in-car and/or body-worn audio/video recording devices within the general operational police environment provides a potentially valuable resource for law enforcement agencies in the delivery of services. Additionally, information collected through this technology can be critical in the investigation of criminal incidents and complaints against employees. ~~Quasi-experimental research in some agencies has shown reductions in uses of force and citizen complaints when these devices are employed appropriately, with proper direction and management.~~

It is important for agencies to consider the legal and privacy implications regarding the use of audio/video recording devices, as some state/provincial codes require dual awareness for recordings of this type to occur. This agency consideration must include the awareness of and compliance with applicable public records laws~~, including Freedom of Information Act provisions in effect in the agency's jurisdiction~~. Furthermore, the establishment of policy is critical to recognize enhanced organizational credibility that can be accomplished through the deployment. Requirements and restrictions for activation and deactivation of the device should include regular duty and extra duty settings. ~~It is also critical to develop data review practices to prevent claims of negligent supervision, as well as confirm schedules of data retention.~~ Organizational consistency in the security of data and the application of destruction procedures is important for legal considerations and community trust.

It is recommended that prosecutors be included in the development of policies related to the recording and retention of criminal investigations related activities.

Training should be included for officers to ensure an understanding of the organization's philosophy on the use of recording devices, including limitations involving special circumstances, such as contacts with juveniles or other agency employees. Agency managers should consider employment contract issues impacted by the use of the devices and ensure clear messaging with relevant representatives.

The use of camera captured data continues to proliferate and pose challenges for law enforcement and the public regarding privacy, access, retention, and the release of data while administrative or criminal investigations may still be underway. (M M M M) (LE1)