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While the police are able to request un-redacted video footage – for example, from a retailer when a crime has taken place – the police are governed by the same privacy regulations as other camera operators when it comes to sharing footage.

Police Body-Worn Video: A National StrategyIn 2017, the UK government published a national strategy for police body-worn video, which provides guidance on the deployment, use, and management of body-worn cameras by police forces in England and Wales.

Insurance companies are using sophisticated technology, including spyware such as hidden cameras and micro fish-eye cameras to carry out their investigations.

The ICO checklist also requires that users “have the ability to efficiently and effectively blur or mask footage, if redaction is required to protect the rights and freedoms of any third parties.”

Click on the button below to download Facit's guide to the importance, challenges and best practices associated with managing BWC footage.

Human Rights Act 1998The Human Rights Act incorporates the European Convention on Human Rights (ECHR) into UK law. Article 8 of the ECHR protects the right to respect for private and family life. Any use of body-worn cameras must balance the need for public safety and law enforcement with individuals' right to privacy.

While some groups believe that surveillance and the use of cameras have gone too far, it is largely accepted that policing involves evidence gathering, and bodycams are intended to provide an objective record of events.

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Body worn cameras (body cams) are standard police issue and are also commonly used by many other UK workers, such as retail and medical staff, and other types of enforcement officers. Micro cameras are increasingly being used in fraud detection by insurance companies and government departments.

While the use of body cams has been largely positive, and have improved police conduct and community relations, they also raise concerns about privacy and data security. Effective regulation and oversight are essential to balance benefits and concerns, to ensure that body cam use aligns with the principles of justice and civil liberties.

Surveillance by insurance companies may be conducted in several situations, but it is most likely to occur when the insurer suspects fraudulent activity.

All request to view or edit the data must be made through the relevant provisions of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and through a Freedom of Information Request. Videos will only be deleted in accordance with retention periods.

The ICO acknowledges that body cams have the potential to be more intrusive than conventional CCTV systems. As the cameras can be worn in any location there is an increased risk of privacy intrusion to individuals.

Video shared by the police in response to subject access and freedom of information requests requires the redaction of sensitive personal data from bodycam and dashcam footage.

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While GDPR should be your primary guide for compliant body cam use, there are several laws, regulations and guidelines to be aware of. Here is an overview:

The General Data Protection Regulation (GDPR) is the law that forms the foundation for the processing of personal data in the UK, which includes data captured by body cameras.

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Local Policies and ProceduresIndividual police forces may have their own policies and procedures governing the use of body-worn cameras. These policies should align with national guidelines and legal requirements.

As technology and public expectations evolve, ongoing evaluation and adaptation of laws will be necessary to maintain their effectiveness and public confidence in law enforcement.

Can you request body cam footage? Yes, you can request body cam footage in the UK under the Data Protection Act 2018. To do so, you must submit a Subject Access Request (SAR) to the police force that recorded the footage. However, access may be restricted or denied if the footage includes other individuals or if its release could compromise an investigation.

How long is body cam footage retained by the police? The retention period for body cam footage varies depending on the nature of the recorded incident. Generally, footage not associated with a specific crime or complaint is retained for a short period, typically 30 to 90 days.

If audio is also being captured, the ICO advises that audio capture must be justified and be treated as data that is separate from the video.

The ICO makes the key point that body cam use must be proportionate, especially when it comes to continuous recording and/or the recording of people going about their daily business.

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Can I wear a body camera for protection? Yes, in the UK, individuals are generally allowed to wear body cameras for personal protection, provided that they adhere to relevant laws, particularly concerning privacy. Adherence includes informing people when they are being recorded, especially in public places, and ensuring that the footage is stored and used appropriately.

Surveillance is not illegal, so long as it does not violate privacy laws. It is legal for someone to follow you in public, to eavesdrop on conversations, and gather information about you.

Surveillance Camera Code of PracticeThe Surveillance Camera Code of Practice provides guidance on the use of surveillance cameras by government and law enforcement agencies in England and Wales. It outlines 12 guiding principles for the deployment of surveillance cameras, including transparency, accountability, and proportionality.

Agencies and companies that deploy body cams must make every effort to keep the footage safe, which includes encrypting footage on the body cam.

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Do police have to tell you they are recording? Yes, police officers in the UK are required to inform individuals when they are being recorded with a body-worn camera, whenever it is practical to do so.

Data Protection Act 2018 (DPA) The Data Protection Act 2018 governs the processing of personal data in the UK. It requires that any organisation, including law enforcement agencies, using body-worn cameras must comply with its principles, including lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity, and confidentiality.

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Body cam laws in the UK reflect a significant step towards enhancing transparency, accountability and public trust in law enforcement. The laws ensure that police interactions with the public are documented, in order to provide evidence in investigations and helping to resolve complaints against officers.

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Insurance fraud is a crime that can lead to financial losses for insurance companies and higher premiums for policy holders. To tackle fraud, insurance companies may conduct surveillance to verify the accuracy of information provided on an application or investigate suspicious claims.

What happens if a police officer fails to inform someone they are being recorded? If a police officer fails to inform someone that they are being recorded, it could lead to questions about the admissibility of the footage in court and could be a breach of the officer’s guidelines.

Concern was also expressed about the fact that the DWP works with private companies to detect benefits-related offences.

The use of body cams in the UK is subject to strict regulation to ensure that they are used responsibly, transparently, and in accordance with individuals' rights to privacy and data protection.

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Body camera wearers must comply with GDPR and ensure that the principles of data protection, such as fairness, transparency, and security, are upheld.

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Insurance companies may also use surveillance to gather information when the cause or extent of the damages is unclear or when there is a disagreement over the value of the loss.

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The growing use by police of body cam and dash cam footage is being scrutinised continually to make sure that personal information within video evidence is protected.

Police and Criminal Evidence Act 1984 (PACE)PACE provides guidelines for the collection, handling, and retention of evidence by law enforcement agencies in the UK. While PACE does not specifically address body-worn cameras, its provisions regarding the gathering of evidence are relevant to their use.

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However, when news of covert surveillance being used by the Department of Work and Pensions (DWP) appeared in the national press, people were less convinced that it is being used ‘proportionately.’

Peel Regional Police has acknowledged from the onset of our project that Body-Worn Cameras should not be solely relied upon as a primary tool to improve trust, transparency and relationships within our community. The objective of our Body-Worn Camera project is to improve overall community safety and well-being, with one of the many focuses being on transparency, accountability and trust through the demonstration of our members' professionalism. As we continue to deploy the technology, we have been and continue to conduct community engagement sessions with our external stakeholders, councils, and community members to allow for two-way communication and input/feedback into our project. The input we have received thus far, and continue to receive, has helped us shape our project as a whole.

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Facit works with organisations around the world to help them work quickly, effectively and compliantly to protect the rights of people captured on video or audio on any type of recording device, including body cams. Learn more about video redaction data privacy.

Are there any restrictions on where body cameras can be used? Yes, there are restrictions on the use of body cameras in certain areas, particularly where individuals have a reasonable expectation of privacy, such as private homes, medical facilities and changing rooms.

The ICO describes body cams as a greater risk to privacy. Here we look at the laws that govern body cam use and the rights of people who are filmed on body cams.

Body camera users must obtain consent when recording individuals in private spaces or sensitive areas. In public places, consent is implied when the subject is aware that they are being recorded.

According to reports, suspected benefit fraudsters in the UK are being subjected to what some see as excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage. The group Privacy International found that the DWP uses an algorithm to flag those who may be committing fraud.

The ICO’s guidelines provide practical advice on handling and storing recorded data, obtaining consent, conducting Impact Assessments, and addressing privacy concerns.

The Information Commissioner’s Office (ICO) provides comprehensive guidelines on the use of CCTV, which is equally relevant to body cam use.

The Metropolitan Police provides information on how body cam video is used. At the end of an officer's shift BMV footage is uploaded to a secure location so it can be used as evidence in legal proceedings or deleted if it is not needed. Stated protocols reflect the ICO’s advice that recordings continue “until it is no longer 'proportionate or necessary.'”