Body worn camera footage

Ibrahim Hasan looks at the issues raised police misuse of body worn camera footage.

Last month the BBC reported that police officers made offensive comments about an assault victim while watching body camera footage of her exposed body.  

The woman had been arrested by Thames Valley Police and placed in leg restraints before being recorded on body-worn cameras. While being transported to Newbury police station, she suffered a seizure which resulted in her chest and groin being exposed. A day later she was released without charge. 

A female officer later reviewed the body camera footage, which the force told Metro.co.uk was for ‘evidential purposes’ and ‘standard practice’. The BBC reports that three male colleagues joined her and made offensive comments about the victim.
The comments were brought to the attention of senior police officers by a student officer, who reported his colleagues for covering up the incident. The student officer was later dismissed; though the police said this was unrelated to the report. 

The policing regulator says Thames Valley Police should have reported the case for independent scrutiny. The force has now done so, following the BBC investigation. 

This is not the first time the BBC has highlighted such an issue. In September 2023 it revealed the findings of a two-year investigation. It obtained reports of misuse from Freedom of Information requests, police sources, misconduct hearings and regulator reports. It found more than 150 camera misuse reports with cases to answer over misconduct, recommendations for learning or where complaints were upheld. (You can watch Bodycam cops uncovered on BBC iPlayer) 

The most serious allegations include: 

• Cases in seven forces where officers shared camera footage with colleagues or
  friends – either in person, via WhatsApp or on social media 
• Images of a naked person being shared between officers on email and cameras used to covertly record conversations 
• Footage being lost, deleted or not marked as evidence, including video, filmed by Bedfordshire Police, of a vulnerable woman alleging she had been raped by an inspector – the force later blamed an “administrative error” 
• Switching off cameras during incidents, for which some officers faced no sanctions – one force said an officer may have been “confused”

Body worn cameras are used widely these days by not just police but also  council officers, train guards, security staff, and parking attendance (to name a few). 

There is no all-encompassing law regulating body worn cameras.  Of course they are used to collect and process personal data therefore will be subject to the UK GDPR. Where used covertly they also be subject to Regulation of Investigatory Powers Act 2000.  

The Information Commissioner’s Office (ICO) provides comprehensive guidelines on the use of CCTV, which are largely considered to extend to body worn cameras(BWCs) for security officers. There is a useful checklist on its website which recommends:  

• Conducting a Data Protection Impact Assessment (DPIA) that fully addresses use of BWCs, and addresses any impact on the rights and freedoms of individuals whose personal data are captured. 

• Providing a privacy information  to individuals using BWCs, such as clear signage, verbal announcements or lights/indicators on the device itself and having readily available privacy policies. 

• Training staff using BWV to inform individuals that recording may take place if it is not obvious to individuals in the circumstances. 

• Having appropriate retention and disposal policies in place for any footage that is collected. 

• Having efficient governance procedures in place to be able to retrieve stored footage and process it for subject access requests or onward disclosures where required. 

• Using technology which has the ability to efficiently and effectively blur or mask footage, if redaction is required to protect the rights and freedoms of any third parties. 

• Complying with the Surveillance Camera code of practice where required. 

Ibrahim Hasan is a solicitor and director of Act Now Training.

Act Now’s one-day CCTV workshop will teach you how to plan and implement a CCTV/BWC project including key skills such as completing a DPIA and assessing camera evidence. Its expert trainer will answer all your questions including when you can use CCTV/BWC, when it can be covert and how to deal with a request for images. This workshop is suitable for anyone involved in the operation of CCTV, BWCs and drones including DPOs, investigators, CCTV operators, enforcement officers, estate managers and security personnel.