Innovation: Evidence Review - evidence review
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Standardize incident review and driver coaching—even across large fleets—with accountability and workflow tools, including customizable in-cab alerts and recommended coaching scripts.
If images and/or audio are shared with the public for the purpose of identifying someone, other persons in the images should be obscured, with measures taken to safeguard the evidentiary integrity and reliability of the recording.
If intermittent recording is implemented, there should be strict criteria for turning cameras on and off, including criteria for determining whether the officer should have control in turning the cameras on or off, or whether this should be done remotely.
Technologies such as licence plate recognition, facial recognition and pattern recognition can be used in identifying, tracking and compiling dossiers on individuals. LEAs’ use of video analytics technology raises additional privacy concerns that require further scrutiny and care beyond the scope of this guidance.
Read our Privacy policy and Terms and conditions of use to find out more about your privacy and rights when using the priv.gc.ca website or contacting the Office of the Privacy Commissioner of Canada.
Office of the Information and Privacy Commissioner for Newfoundland and Labrador. “Guidance for the Use of Video Surveillance Systems in Schools,” February 2013.
The initial cost of a video-based safety solution may seem expensive. Here are four reasons why the investment is worth it.
When it comes to insurance premiums, safety is a big factor. Because dash cams are proven to improve safety and mitigate risk, your insurance company may offer a premium discount, credit, or subsidy for installing Samsara AI Dash Cams and sharing safe driving data.
LEAs should determine criteria for designating sensitive content, with input from the affected community, and ensure a higher level of protection for such recordings.
Office of the Privacy Commissioner of Canada. “OPC Guidelines for the Use of Video Surveillance of Public Places by Police and Law Enforcement Authorities, ”March 2006.
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As part of any BWC program, LEAs should establish written policies and procedures that clearly identify the program objectives and set out the rules governing the program. These policies and procedures should include the elements listed below.
This document was developed by the Office of the Privacy Commissioner of Canada in collaboration with the privacy oversight offices in Alberta, New Brunswick, and Quebec and in consultation with the privacy oversight offices in British Columbia, Manitoba, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon .
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Without a doubt, the use of BWCs will result in a loss of privacy because recording individuals’ actions and conversations is inherently privacy invasive. As such, any privacy intrusion must be minimized to the extent possible and offset by significant and articulable benefits. With new technology, it may be difficult to foresee the full spectrum of positive and negative effects on day-to-day enforcement and the community being served. Undertaking a pilot project is highly recommended as a practical way of evaluating the privacy impacts of BWCs in relation to their benefits, before deciding whether or not to deploy them, how broadly, and in what circumstances.
Canadian personal information protection statutes generally define personal information as being “about an identifiable individual.”Footnote 3 Under Québec’s Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, personal information is “any information which relates to a natural person and allows that person to be identified.”
Artificial intelligence: The most advanced dash cam systems include built-in artificial intelligence (AI), so they can detect safety issues without a g-force trigger—like rolling stops and distracted driving. AI makes it possible to coach drivers on risky behavior and near misses.
When evaluating dash cam solutions, look for an integrated platform that offers dash cams and connected driver and admin apps in one, unified solution. Why? Beyond consolidating your tools and simplifying your workflows, an all-in-one platform connects the dots between your data, unlocking better insights and larger safety improvements.
Mounting: The two most popular ways to install dash cam systems are via a suction cup (or suction mount) or via adhesive. Some dash cam systems may also attach to your rear view mirror. Adhesive attachments are generally a more secure option that still offer quick and easy installation.
Before diving into the different types of dash cams, it’s important to take a step back and understand why commercial fleets are investing in this technology. Below, check out the four major benefits of dash cams.
After a BWC program has been adopted, additional PIAs are recommended as a best practice any time significant modifications to the program are contemplated. Significant modification would include a new collection of personal information and the introduction of new technologies or analytical tools.
In light of the significant privacy implications of BWCs, strict retention periods should be imposed, taking into account the requirements of all applicable legislation. Setting and respecting retention periods will limit any opportunities for inappropriate disclosure or misuse of the information, including the potential for monitoring individuals without reasonable suspicion or probable cause.
The best dash cams have a built-in audio speaker that can alert drivers to potential unsafe behavior in real-time. Immediate feedback from in-cab voice coaching is proven to improve driver behavior and help reduce preventable accidents
Resolution: Resolution (or image quality) depends on how many pixels the dash cam system records. High quality forward-facing dash cam systems should record video in 1080p full HD, which will make it possible for you to see the road ahead clearly and make out numbers on license plates.
Office of the Access to Information and Privacy Commissioner of New Brunswick. “Best Practice – Video Surveillance,” April 2014.
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Dash cams aren’t one-size-fits-all. There are a variety of different types of dash cams available—but some are better suited for commercial fleets than others.
Dash cams, also known as dash cameras or dashboard cameras, are an extremely effective safety tool for commercial fleets. From coaching drivers to exonerating your company from false claims, they can be used in a variety of ways to improve fleet safety and reduce costs.
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U.S. Department of Justice. “A Primer on Body-Worn Cameras for Law Enforcement,”Office of Justice Programs, National Institute of Justice, September 2012.
In general, it will be difficult for LEAs to justify the necessity of continuous recording. Recording may be more readily justified, however, in relation to carefully defined incidents or operational requirements.
Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62 at para. 27.
The Honourable Frank Iacobucci. “Police Encounters with People in Crisis,” An independent review conducted for Chief of Police William Blair, Toronto Police Service. July 2014.
If your dash cam isn’t internet-connected, you will have to manually retrieve it from the vehicle to review or use any footage. Not only is this inconvenient—it also poses a security risk, since the footage is stored locally. Internet-connected dash cams are more secure and can automatically upload safety-related event footage to the cloud, making it possible to coach and exonerate drivers in real-time.
Dash cams for commercial fleets are more robust—both in terms of the features they offer and the value they can provide. Dash cams that are purpose-built for commercial fleets, like Samsara AI Dash Cams, connect to a telematics device that provides WiFi and can detect safety-related events like harsh braking, speeding, and collisions. That way, these dash cams can auto-upload video footage from safety-related events to the cloud, making it easy for your back-office staff to review safety-related events and coach drivers effectively.
Office of the Yukon Information and Privacy Commissioner. “Guidance for Public Bodies on the Use of Video Surveillance,” 2014
BWCs record not only the actions and speech of an individual, but also individuals’ associations with others within recording range, including friends, family members, bystanders, victims and suspects. The recording of individuals through the use of BWCs raises a significant risk to individual privacy, and LEAs must be committed to only deploying BWCs to the degree and in a manner that respects and protects the general public’s and employees’ right to personal privacy.
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Are BWCs likely to be an effective solution to the operational needs that have been identified? LEAs should be mindful of the limitations of technology. Aspects of incidents may happen out of camera range, sound recordings may be incomplete due to range or background noise, or human error may compromise the usefulness of recordings and diminish their effectiveness. If recordings are meant to be used as evidence in court proceedings, LEAs should consider the requirements identified by Courts for accepting recordings as evidence as well as the evidence collection and retention measures proposed to ensure those requirements are satisfied.
BWCs should not be adopted simply because they may be considered a popular enforcement tool. They must be judged necessary to address specific operational circumstances in the jurisdiction they are deployed in.
Employee privacy should also be taken into account. BWCs can capture law enforcement officers’ personal information, which is protected under most public sector privacy laws. Potential areas of concern include using BWC recordings to support employee performance evaluations. Employees may also have privacy rights under other laws and collective agreements that may affect a BWC program.
BWCs are recording devices designed to be worn on a law enforcement officer’s uniform, which can include glasses or helmets. They provide an audio-visual record of events from an officer’s point of view as officers go about their daily duties. The high-resolution digital images allow for a clear view of individuals and are suited to running video analytics software, such as facial recognition. Microphones may be sensitive enough to capture not only the sounds associated with the situation being targeted but also ambient sound that could include the conversations of bystanders.
Internet connectivity: Most dash cam systems have a micro SD card or memory card that stores footage locally, but more advanced dash cam systems can connect to the internet via high-speed cellular connections that let you send footage to the cloud, providing nearly instant access to footage.
There are various reasons why a LEA might contemplate adopting BWCs. LEAs could view the use of BWCs as bringing about certain benefits to policing or other enforcement activities. For example, in addition to being used to collect evidence, BWCs have been associated withFootnote 5 a decrease in the number of public complaints against police officers as well as a decrease in the use of force by police officers. At the same time, BWCs have significant privacy implications that need to be weighed against the anticipated benefits. As the Supreme Court of Canada has notedFootnote 6, an individual does not automatically forfeit his or her privacy interests when in public, especially given technological developments that make it possible for personal information “to be recorded with ease, distributed to an almost infinite audience, and stored indefinitely”. And as the Supreme Court added more recently, the right to informational privacy includes anonymity which “permits individuals to act in public places but to preserve freedom from identification and surveillance.”Footnote 7
The considerations in implementing a BWC program are complex, and pilot projects are recommended as an important precursor to widespread adoption. It is generally good practice, when deploying new technologies, to try them out in the field on a limited basis. If a LEA decides that adopting BWCs is appropriate, a pilot project would demonstrate how BWCs actually perform in their specific environment and whether this technology produces useful results that satisfy the intent of the program. The pilot project could also inform the crafting of a clear policy framework, applicable training requirements, and required supervision.
Privacy oversight offices have found it useful to use a four-part test to evaluate whether a proposed measure can be justified despite an intrusion on individual privacy. The test of “what a reasonable person would consider appropriate in the circumstances” provides a useful basis for LEAs in setting out the rationale for adopting BWCs. LEAs should be guided by this four-part test as set out below in determining whether to implement BWCs.
Federal, provincial and territorial privacy laws grant individuals a right of access to their personal information, including that contained in audio and video recordings made using BWCs. This right is subject to specific exemptions such as law enforcement and investigation.Footnote 10 Under freedom of information legislation, individuals have the right to request access to information held by public bodies. LEAs should establish a process for responding to requests for information contained in BWC recordings. When providing access, care should be taken to ensure that the personal information of individuals other than the requester, such as their image and/or voice, wherever possible, is protected.
There must be a demonstrable operational need that a BWC program is meant to address. What operational needs do LEAs have for which BWCs are a solution?
Public awareness of the use of BWCs can be raised through the local media, social media campaigns, and on LEA websites. Individuals should be advised if BWCs are used, for what purpose, in what circumstances, under what authority and who they can contact in case of questions. As part of their commitment to fostering public awareness, LEAs should consider reminding the public that individuals have a right to access their own personal information, as well as a right to request access to information generally under freedom of information laws that apply to BWC recordings.
Night vision: Some dash cam systems are optimized for capturing footage at night or in low-light conditions. If your drivers often operate at night, look for a dash cam system with infrared LED, which is particularly important for capturing video footage of unlit cabs.
Commission d’accès à l’information du Québec. “Rules for use of surveillance cameras with recording in public places by public bodies,” June 2004.
Harsh braking wears out brake pads and causes unnecessary stress on vehicles. Combined with a telematics system, dash cams can play in-cab audio messages when safety-related events are detected, helping to discourage harsh driving and reduce physical damage and maintenance costs.
LEAs can also seek the aid of privacy experts before implementing a BWC program. Privacy experts can study the proposed use of BWCs in the community to ensure that any collection and use of personal information is done with a view to upholding obligations under privacy legislation.
Protect your brand and exonerate your drivers with intelligent front-facing and dual-facing dash cams that can analyze the road in real time and auto-upload event footage to the cloud.
Retention policies for flagged recordings, including recordings to be used as evidence, should be consistent with applicable laws, such as the Canada Evidence Act and the applicable Police Services Act. Under Canada’s privacy laws, personal information that has been used in making a decision affecting an individual needs to be retained for a sufficient period so as to afford individuals a reasonable opportunity to access it and challenge its accuracy. Recordings that have not been flagged as relevant to an investigation or potential legal action should have the shortest possible retention period.
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Police Executive Research Forum. “Implementing a Body-Worn Camera Program.” U.S. Department of Justice, Community Oriented Policing Services, 2014.
Office of the Information and Privacy Commissioner of Ontario. “Guidelines for the Use of Video Surveillance Cameras in Public Places,” 2007.
If you manage a fleet of vehicles and haven’t invested in dash cams yet, now might be the time. Dash cams enable a robust fleet safety program and drive measurable ROI for your business.
When it comes to choosing the best dash cam, software is just as important as hardware. Look for a solution that helps you make sense of your raw data and footage—with tools that aggregate coachable events, make it easy to coach drivers with suggested scripts, and track safety trends and improvements over time.
Internet connectivity is key for any fleet that wants to use dash cams as a proactive safety tool. Without internet connectivity, dash cams can only store footage on a local memory card—meaning someone has to manually retrieve the footage from the vehicle. On the other hand, dash cams that are connected to a telematics device with WiFi and cell service can auto-upload event footage to the cloud. This makes it possible for fleet managers to coach and exonerate drivers in real time.
As a highly recommended best practice, a Privacy Impact Assessment (PIA) should be completed prior to the use of BWCs to help identify the potential privacy risks of the BWC program. A PIA can be invaluable in helping LEAs eliminate those risks or reduce them to an acceptable level. For example, there may be additional considerations, such as context and cultural sensitivities, that should be considered in deciding whether to use BWCs in particular situations. A PIA should include a plan for consulting and engaging with the community where BWCs are to be deployed.
If your drivers often operate at night, choosing a dash cam with low-light or night vision capabilities is extremely important. Look for a dash cam with HDR and infrared LED to ensure nighttime footage is still crisp and clear.
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Artificial intelligence (AI) is the cutting-edge of dash cam technology. Samsara AI Dash Cams use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen.
Deploying dash cams in dozens, hundreds, or even thousands of vehicles is no easy feat—which is why choosing hardware that’s easy to install is so important. The best dash cams include an adhesive strip and adjustable viewing angle for easy installation on your windshield, as well as no hard-wiring into your vehicle.
A final consideration is whether a less privacy-invasive measure would achieve the same objectives. While there may be a business case for a BWC program, alternative measures should be considered to see whether they can adequately address operational needs with less adverse impact on privacy. The least privacy invasive measure is the preferred choice.
At the federal level, please refer to Community Security Establishment’s IT Security Guidance document “Clearing and Declassifying Electronic Data Storage Devices”and the OPC’s “Personal Information Retention and Disposal: Principles and Best Practices”. In Québec, please see the “Guide to the destruction of documents that contain personal information” published by the Commission d’accès à l’information du Québec.
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The use of BWCs inside private dwellings brings up special considerations, such as the higher likelihood that individuals will be recorded in highly personal situations. Before proceeding with a BWC program, LEAs should identify their lawful authority for collecting personal information using BWCs. Generally, under public sector personal information protection statutes, public bodies may only collect the information they need to meet the purposes of their mandated programs and activities. As a second step, LEAs should evaluate whether the anticipated benefits of adopting BWC technology outweigh the resulting privacy intrusions. In other words, is it appropriate to equip officers with cameras given the privacy implications they raise?
Office of the Information and Privacy Commissioner for British Columbia. “ Public Sector Surveillance Guidelines,” 2014.Office of the Information and Privacy Commissioner of Saskatchewan. “Guidelines for Video Surveillance by Saskatchewan Public Bodies.”
Audio speaker and recording: Some dash cam systems include built-in speakers that can play verbal and/or audio alerts when unsafe driving behavior is detected, like cell phone use or speeding. You may also be able to turn on recording to capture audio during safety events.
LEAs should have the capability to redact third party personal information to facilitate access, for example, blurring of faces.
The case law at the federal level has generally held that information will be about an identifiable individual if it permits or leads to the possible identification of the individual, whether alone or in combination with other available information.
While BWCs are visible on the officer’s uniform or glasses, they may not be noticed by individuals, particularly in stressful situations. Individuals also may not be aware that sound is being recorded in addition to images.
When the retention period is up, recordings should be disposed of in a secure manner in accordance with applicable policiesFootnote 9 and regulations.
This guidance document aims to identify some of the privacy considerations law enforcement authoritiesFootnote 1 (LEAs) should take into account when deciding whether to outfit law enforcement officers with body-worn cameras (BWCs). Also described is the privacy framework that should be part of any law enforcement BWC program in order to ensure compliance with Canada’s personal information protection statutes. This guidance is meant to support LEAs in developing policies and procedures governing the use of BWCs. It relates to the overt use of BWCs, that is, BWCs that are used in view of the public and with the understanding that the public has been informed of their deployment. The covert use of BWCs is not addressed through this guidance.
The criteria developed should take into account fundamental freedoms, human rights, cultural sensitivities and any significant concerns expressed by the affected community.
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Once you decide what configuration best fits your needs, you’ll also want to consider the variety of different features available. From artificial intelligence (AI) to night vision, here are a few of the most important dash cam system features to consider.
If use of recordings is contemplated for any purposes that are supplementary to the main BWC program purposes, for example, officer training, research, or performance evaluation, these secondary purposes need to be reviewed to ensure compliance with applicable legislation, and employees need to be well informed of them. In addition, criteria should be established to limit the privacy impact, such as blurring of faces and any identifying marks, and excluding recordings with sensitiveFootnote 8 content.
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In car-truck accidents, trucks are only at fault about 26% of the time—but they get blamed far more often. Internet-connected dash cams can auto-upload incident footage to the cloud within minutes, making it easy to exonerate innocent drivers on the spot, bypass lengthy claims processes, and eliminate unnecessary payouts.
It might be surprising, but dash cams can reduce labor costs in a few different ways. With digital driver safety scorecards and video-based coaching tools, your back office team can coach drivers more efficiently. Plus, dash cams make it possible to create a robust rewards program, which is proven to increase engagement and retention, leading to lower turnover and hiring costs.
For further information on metadata, please see the Ontario OIPC’s “A Primer on Metadata: Separating Fact from Fiction” and/or the OPC’s “The Risks of Metadata”.
See article Self-Awareness to Being Watched and Socially-Desirable Behavior: A Field Experiment on the Effect of Body-Worn Cameras on Police Use-of-force.
If you have a question, concerns about your privacy or want to file a complaint against an organization, we are here to help.
Crisp video quality is critical when reviewing video footage. For optimal quality, look for a dash cam with a wide-angle lens or high dynamic range (HDR) that offers full HD video. Consider FHD or HD 1080p video if you want resolution strong enough to read license plates and detect whether drivers’ eyes are open or closed.
Office of the Information and Privacy Commissioner for Newfoundland and Labrador. “Guidelines for Video Surveillance by Public Bodies in Newfoundland and Labrador,” May 2005.
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In car-truck accidents, trucks are only at fault about 26% of the time—but they get blamed far more often. Internet-connected dash cams can auto-upload incident footage to the cloud within minutes, making it easy to exonerate innocent drivers on the spot, bypass lengthy claims processes, and eliminate unnecessary payouts.
With so many dash cam vendors on the market, it’s impossible to try every single option. How can you narrow it down? Here are a few things to consider when selecting the best dash cam solution for your fleet.
Dash cams are cameras that can be installed in a vehicle to capture footage of the road ahead and activity inside the cab. The best dash cams are connected to a telematics solution with a g-sensor, so the system can automatically detect safety-related events—like harsh braking, harsh turning, and collisions—and upload incident footage to the cloud. There are a variety of different types of dash cams that can be deployed for various purposes, but generally fleets install dash cams because they’re looking for better visibility into on-the-road safety and footage that they can use to exonerate innocent drivers in case of an accident.
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Field of view: Field of view is how much of the road (or inside of the cab) the dash cam system can see. To ensure your dash cam system captures a broad field of view, look for a wide angle or semi-wide angle lens.
Apart from requirements under personal information protection statutes, the use of BWCs can implicate other obligations of which LEAs need to be aware. For example, BWCs can record video images, sound and conversations with a high degree of clarity. Thus, there may be additional concerns raised under the Canadian Charter of Rights and Freedoms, the Criminal Code, or provincial legislationFootnote 2, for example, whether the use of BWCs in any given context intrudes on the public’s reasonable expectation of privacy or constitutes an interception of private communications, including in places accessible to members of the public. LEAs also need to be mindful of additional legal implications whenever images and sound are recorded in private spaces, such as inside people’s homes or vehicles.
One of the most important operational decisions LEAs must make in implementing a BWC program is whether BWCs should record continuously or whether officers should have the discretion or duty to turn them on and off, and, in either scenario, under what circumstances. These choices have important implications for privacy.
Under privacy legislation, LEAs are responsible for protecting personal information from unauthorized access or use, disclosure, copying, modification and destruction, as well as loss and theft. Reasonable steps must be taken to safeguard recordings, such as:
It might be surprising, but dash cams can reduce labor costs in a few different ways. With digital driver safety scorecards and video-based coaching tools, your back office team can coach drivers more efficiently. Plus, dash cams make it possible to create a robust rewards program, which is proven to increase engagement and retention, leading to lower turnover and hiring costs.
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In addition to images and sound, BWCs can also generate metadata, which can include transactional information about the user, the device and the activities taking place. Metadata can include date, time, location and duration of the recorded activities, which, when connected to an identifiable individual, can be personal informationFootnote 4.
Taser definition: a brand name for a gunlike device that uses propelled wires or direct contact to electrically stun and incapacitate a person temporarily.
Samsara offers an all-in-one platform that is trusted by more than 10,000 fleets, and 90% of customers say that Samsara has helped improve safety within their fleet. Why? Samsara’s telematics device—the Vehicle Gateway—includes a gyroscope and accelerometer that can detect safety-related events, like harsh braking, harsh acceleration, harsh turning, and crashes. When these incidents are detected, the internet-connected Samsara AI Dash Cam automatically uploads 10 seconds of footage from before and after the incident to the cloud, enabling real-time driver coaching and exoneration.
The criteria for activating cameras should address the need to minimize, to the extent possible, the recording of innocent bystanders or innocuous interactions with the public. Admittedly, it may not be possible to completely eliminate capturing images and audio of bystanders and other non-targeted individuals. With regard to recordings that are not implicated in an investigation (i.e. non-flagged recordings), setting and respecting limited and appropriate retention periods, and restricting access and viewing to a need-to-know basis will help mitigate the privacy implications.
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These policies and procedures should be made available to the public to promote transparency and accountability. Demonstrating to the public that policies and procedures exist and officers are accountable for following them is essential to ensuring that individuals’ privacy rights are adequately protected. The documentation should also reflect evidence of community consultation and engagement as well as an understanding of cultural sensitivities.
Tony Farrar and Dr. Barrar Ariel. “Self-awareness to being watched and socially-desirable behavior: A field experiment on the effect of body-worn cameras on police use-of-force, ”Police Foundation, March 2013.
The Urban Institute Justice Policy Center. “Using Public Surveillance Systems for Crime Control and Prevention: A Practical Guide for Law Enforcement and Their Municipal Partners,” September 2011.
David A. Harris. “Picture this: body worn video devices (“Head cams”) as tools for ensuring fourth amendment compliance by police,” University of Pittsburgh School of Law, April 2010.
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With regard to recordings that have been flagged for use as evidence or for another previously specified purpose, technical means should be employed to mitigate the privacy risk. Within the rules of evidence, and in particular, the jurisprudence with respect to the reliability of evidence, images of bystanders and other non-targeted individuals should be anonymized, for example, through face blurring, and the distortion of sound wherever possible.
Make sure to choose a dash cam solution that connects to a gyroscope and accelerometer data. This way, the system can detect harsh braking, harsh turning, harsh acceleration and collisions.
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Officer body-worn cameras (BWCs) are relatively small devices that record interactions between community members (e.g., the public, suspects, and victims) ...
One of the biggest objections to investing in dash cams is the cost. Although the initial cost of dash cams might seem expensive, video-based safety solutions have been proven to reduce overall fleet operating costs and quickly pay for themselves. In fact, the NSTSCE found that when combined with driver coaching, dash cams reduced safety-related events by 52%.
When it comes to insurance premiums, safety is a big factor. Because dash cams are proven to improve safety and mitigate risk, your insurance company may offer a premium discount, credit, or subsidy for installing Samsara AI Dash Cams and sharing safe driving data.
Nova Scotia Freedom of Information and Protection of Privacy Review Office. “Freedom of Information and Protection of Privacy Review Office Video Surveillance Guidelines.”
LEAs contemplating storing BWC recordings in the cloud should be mindful of potential security concerns as well as any legal constraints that may apply in their jurisdiction. For example, British Columbia’s Freedom of Information and Protection of Privacy Act and Nova Scotia’s Personal Information International Disclosure Protection Act may not allow public bodies to store personal information outside of Canada. Québec’s Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information imposes certain conditions on the storage of personal information outside the province.
Any plans to use video analytics in conjunction with BWCs should be carefully considered with regards to the initial justification of the program. With advances in technology, we are gaining increasing ability to search and analyze digital footage in increasingly sophisticated ways. Databases of camera footage can be mined for information about specific individuals or specific activities. Previously anonymous individuals can be identified and tracked.
LEAs should make a reasonable effort to inform the public that officers are equipped with BWCs and that people’s actions and words may be recorded when they interact with, or are in the vicinity of, law enforcement officers. Transparency is integral to the public’s ability to exercise their rights under privacy laws.
Harsh event detection: The best dash cam systems use a built-in gyroscope and accelerometer to automatically detect harsh driving events—like harsh braking or a collision—and auto-upload footage to the cloud.
BWC technology represents a significant increase in sophistication from the early days of fixed cameras, when CCTV systems were being widely adopted and could only record images and not sound. At that time, a number of Canadian privacy oversight offices issued video surveillance guidelines for the public sector, which are set out at the end of this document. While the basic privacy principles around video surveillance remain the same, the environment is now much more complex. As surveillance technologies evolve, ever larger amounts of personal information (both video and audio) are being collected in increasingly diverse circumstances (both static and mobile) with the potential of being linked with yet other personal information (e.g. facial recognition, metadata). It is understandable that LEAs would want to consider using new technologies to aid them in performing their duties. At the same time, however, BWC technology poses serious implications for individuals’ right to privacy. We believe that addressing privacy considerations from the outset can allow an appropriate balance to be achieved between the needs of law enforcement and the privacy rights of individuals.
Harsh braking wears out brake pads and causes unnecessary stress on vehicles. Combined with a telematics system, dash cams can play in-cab audio messages when safety-related events are detected, helping to discourage harsh driving and reduce physical damage and maintenance costs.
Law enforcement officers should be required to notify people of recording both images and sound whenever possible. Officers could make a short statement that meets notice requirements under applicable legislation in their jurisdiction. A prominent pin or sticker on the officer’s uniform could also be an option depending on the circumstances.
At this time, we simply observe that if the use of such analytics can be justified under privacy laws, the capability to analyze recordings must be carefully managed so as not to exceed the documented purposes of the BWC program. Integrating recordings with video or audio analytics should only be considered on a case-by-case basis, under very limited circumstances to be determined by the head of the LEA involved, and subject to a new PIA as necessary.
Notification is also important in encounters between law enforcement officers and the public. Should non-uniformed officers use BWCs, there is an increased risk that the public will be unaware that recording may potentially take place.
If you Google "dash cams," you're likely to find dash cams meant for consumers on websites like Amazon. Some of the most popular consumer dash cam brands include Sony, Thinkware and Vantrue. While these dash cams can be helpful for people looking to install an inexpensive camera in their personal vehicle, they’re not meant for commercial fleets. They usually have a memory card that must be manually retrieved to download footage, posing logistical challenges for fleets managing multiple vehicles and drivers.
From an accountability perspective, continuous recording may be preferable because it captures an unedited recording of an officer’s actions and the officer cannot be accused of manipulating recordings for his or her own benefit. However, from a privacy perspective, collecting less or no personal information is always the preferred option. The less time BWCs are turned on, the less personal information they will collect. Minimizing the personal information collected decreases the risk that personal information will be used or disclosed for inappropriate or unintended purposes. This applies both to members of the public whose personal information is recorded by BWCs as well as law enforcement officers. There may be times during an officer’s workday that having the camera turned on would not capture any information related to evidence collection or any other stated purpose of the BWC program, for example, when the officer is “standing by” or doing paperwork. LEAs also have a responsibility to respect officers’ personal privacy when off-duty or on personal time. As for recording the public, LEA programs should take into account situations that merit heightened privacy protections, such as when officers enter private dwellings.
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Generally speaking, the aim of a BWC program is to record law enforcement officers’ interactions with the public in the course of their duties. BWCs are generally used for collecting evidence, and protecting officers against unfounded allegations of misconduct. Another significant argument for BWCs is enhancing officer accountability and professionalism. Given this context, and the increasing quality of recordings and sensitivity of microphones, the images and sound captured by BWCs for the most part will be about identifiable individuals. The recordings will thus be considered to contain personal information and will be subject to Canada’s personal information protection statutes.