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When were body-worncamerasintroduced in the United States
In April 2017, Phase 1 of the Department's body-worn camera program began, and by the end of 2017, approximately 1,300 police officers, working the evening shifts in 20 precincts across the city, were outfitted with cameras. This first phase supported a year-long study of the effects of the body-worn cameras.
In December 2017, Phase 2 of the body-worn camera rollout commenced equipping the balance of the officers on all shifts in every Precinct, Transit District and public housing Police Service Area citywide with cameras. This second phase was completed by March 2019 and resulted in more than 18,000 additional officers being equipped with cameras.
Phase 3 began in March 2019 – rolling out approximately 4,000 body-worn cameras to officers working in specialized units that perform patrol-oriented or support functions. Such units include the Emergency Services Unit, Highway Patrol, Strategic Response Group and Critical Response Command. The roll-out to specialty units was completed by August 2019. Additionally, the executives responsible for leading all of the commands equipped with body-worn cameras were also issued cameras during this phase.
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If the video is disclosed for court purposes or through a FOIP request, the video management team will be responsible for the removal or redaction of privileged, sensitive, or clearly irrelevant content prior to the disclosure of a BWC recording.
In routine cases, officers will be allowed to view video before preparing reports and in preparation for a court proceeding. In officer–involved shootings, use-of-force cases, or when police misconduct is alleged, access to the video may be restricted and officers will only be able to view video at a time allowed by the supervisor in charge of the investigation. This includes before making an official statement in the course of the investigation. The technology does not enable officers to edit or delete any video evidence.
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Recordings cannot be edited, altered, or deleted from the camera by a police officer. The video management team has access and permissions to search and view BWC recordings for the purposes of preparing redacted copies for court disclosure purposes and FOIP requests. They are responsible for the removal or redaction of privileged, sensitive or clearly irrelevant content prior to the disclosure or release of a copy of a BWC recording. An unedited version of the recording will be saved and will remain accessible (until retention policies dictate its deletion).
Officers are trained to give notice of the camera’s operation as soon as reasonably possible. The timing of this notice may vary depending on the context and safety of the encounter. To signal its activation, the camera will emit three audible sounds, and flash red.
Members of the public can request video under the Freedom of Information Law (FOIL). The NYPD will provide video in response to a FOIL request unless otherwise prohibited by law. The video may contain audio and/or visual redactions to protect the privacy of people captured in the videos, and other protected material pursuant to FOIL and other applicable laws.
The element of video has evolved rapidly over the past few years, becoming an integral part of our society. It has also affected policing in the many different ways it is utilized; from home security systems and cell phone recordings to in-car cameras, the use of video is common and can be an important investigative tool. It also provides a new level of accountability and transparency. This has been proven with law enforcement agencies across the globe adopting body-worn cameras (BWC).
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The NYPD routinely provides the Civilian Complaint Review Board (CCRB) with body-worn camera video in furtherance of investigations of alleged incidents of misconduct under their jurisdiction. To facilitate more efficient sharing of videos, the NYPD and CCRB drafted a Memorandum of Understanding (MOU) regarding the protocols for the search, review, and production of relevant body-worn camera video for cases in which CCRB has received a complaint from a member of the public against a member of the NYPD. Implementation of this MOU is pending the establishment of a secure space within the CCRB facility. Video provided to CCRB may be redacted to protect confidential information or comply with relevant statutes including the sealed records laws (e.g. Criminal Procedure Law section 160.50 – 55) which generally prohibit the release of certain records absent a court order or consent of the individual(s) depicted
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Recordings are held for a minimum of two years and then securely deleted. Any further retention of evidence for investigations are guided by The Police Act, 1990.
Information regarding the number of videos provided and their impact upon investigations may be found in the CCRB annual and semi-annual reports found here
Unlike the United States, there are significant privacy implications in Canada governing our ability to release BWC footage to the media and/or public. In the vast majority of incidents, it is expected that recordings will not be released publicly, however, members of the public can access the video by submitting a FOIP request. Members of the public cannot request the data to be deleted; recordings are stored according to the retention policies and if disclosed for court purposes, will be redacted and vetted for any privacy-related concerns or issues.
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Additionally, the Department may release other extrinsic evidence along with any relevant body-worn camera video if it may provide context for the incident and assist the viewer in understanding what lead up to the event as well as what transpired during the event. Video may be redacted (e.g., faces of civilian witnesses and bystanders blurred, etc.), as appropriate, to protect personal privacy and comply with all relevant laws, prior to being released to the public. Unedited video of a critical incident will be maintained, and provided to an appropriate investigating authority (e.g. District Attorney, etc.).
All officers equipped with body cameras have received training on how the cameras function, how to use the video management software, as well as the NYPD’s body camera policies. As part of their training, officers also, participate in role-play scenarios in order to acclimate themselves to the proper use of the cameras.
To balance the goals of the body-worn camera program with privacy concerns, officers will not record all interactions with the public. Officers must record certain events, including:
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Officers are trained to be aware of interactions with the public that may be sensitive in nature, such as when children are present, during a sexual assault or domestic violence investigation. Additionally, a video management team is responsible for the removal/redaction of privileged, sensitive or clearly irrelevant content prior to the disclosure or release of a copy of a BWC recording.
The NYPD will retain all video recordings for 18 months. Video of arrests and other significant incidents will be retained longer.
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In March 2022, the Saskatoon Police Service implemented the BWC program, deploying 40 cameras to front-line officers in the Patrol, Traffic, Foot Patrol, Bike and Community Mobilization Units, and Alternative Response Officers. The audio and video recording device will document police and civilian interactions while engaged in enforcement and investigative duties. This includes but is not limited to calls for service, including mental health, traffic stops, and contact interviews. BWC’s are intended to support law enforcement duties and aid in capturing certain incidents. They are not intended for continuous recording. BWC’s are openly displayed to the public and will show an illuminated red LED light notifying the public when the camera is recording.
Officers must tell members of the public that they are being recorded unless the notification would compromise the safety of any person or impede an investigation. Officers do not need a person’s permission to start, or to continue, recording.
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The use of body-worn cameras has shown that cameras may help de-escalate potentially volatile encounters. The cameras may also provide important evidence in criminal and civil proceedings as well as resolving civilian complaints.
Officers take reasonable steps to balance the privacy rights of individuals with the benefits of using body-worn cameras for law enforcement purposes. Recording under certain circumstances will depend on the lawful authority of the officer’s presence.
If a video captures evidence related to a criminal case, the NYPD will turn the video over to the prosecutor with jurisdiction over the matter. Prosecutors will provide video to the defendant(s) in accordance with criminal discovery laws.
The purpose of body-worn cameras is to record enforcement, investigative and other encounters between the police and the public. They provide a contemporaneous, objective record of these encounters, facilitate review of events by supervisors, foster accountability, and encourage lawful and respectful interactions between the public and the police.
During incidents including but not limited to calls for service, including those related to mental health, traffic stops, and contact interviews. Camera’s will be activated upon arriving at an incident and will continue to record until the incident is completed.
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Body-worn cameras are small battery-powered digital video cameras that police officers attach to their uniform shirts or winter jackets. Officers must manually activate the record function on the camera to begin recording. The recording capabilities of the cameras are consistent with the capabilities of human eyes and ears. In other words, the cameras are not capable of any enhanced recording capabilities such as night vision. At the end of their shift, officers place their cameras in a docking station in their command. Once docked, recorded videos are uploaded to a cloud based storage solution and the camera’s battery is recharged automatically.
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SPS officers must balance the privacy rights of individuals with the anticipated benefits of using BWC’s for law enforcement purposes. The program and policy is will be evaluated on an ongoing basis to ensure its compliance with the Canadian Charter of Rights and Freedoms, the Criminal Code of Canada and provincial legislation. Recording in a private place is dependent on the lawful authority of an officer’s attendance at the location. Some examples include receiving consent from the owner/occupant, in relation to a search warrant or exigent/extenuating circumstances.
All Police Officers, Detectives, Sergeants and Lieutenants regularly assigned to perform patrol duties throughout the city are equipped with body-worn cameras. The NYPD body-worn camera program is the largest in the United States with over 24,000 members of the Department equipped with body-worn cameras. The rollout of these cameras was conducted in three phases.
“Body-worn cameras can’t replace an officer’s perceptions, but they can be extraordinarily valuable when they confirm the presence of weapons, capture resistance, and verify de-escalation attempts. What’s more, it is expected that the presence of cameras encourages people on both sides of the lens to be the best version of themselves as they interact.”
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The Department publicly releases body-worn camera video of critical incidents within 30 calendar days of an incident. In some cases, it may take more than 30 days if the investigation is complex, a court issues an order delaying or preventing release of the footage, or additional time is needed to allow a civilian depicted in the video, or their family, to view the video in advance. Critical incidents include the following:
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Officers may not record certain sensitive encounters, such as speaking with a confidential informant, interviewing a sex crime victim, or conducting a strip search.
Any events for which recording is required must be recorded from start to finish. If a member of the public asks an officer to turn off the camera, the officer may do so, but may continue recording if the officer thinks it unsafe or inadvisable to stop. Officers may not turn off the camera if a suspected perpetrator is still present on the scene.