Body Worn Cameras and Transparency. Body Cameras: The Intersection of Public Records and Law Enforcement

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1 Body Cameras: The Intersection of Public Records and Law Enforcement Frayda Bluestein, Jeff Welty, Tom Carruthers Body Worn Cameras and Transparency Increase in use of cameras Expectation of accountability and transparency Policy issues and concerns: Privacy Impact on active investigations Fairness in personnel or criminal proceedings Poor quality and incomplete capture 1

2 North Carolina Law: Prior to 2016 Recordings were criminal investigation records under public records law exception: G.S Not public records but law enforcement agency could release them; also could be released by court order Possibly personnel records under city, county, or state personnel privacy statutes Confidential; could be released by court order Interpretation unclear Release policies varied New Law: Access to Recordings S.L (H 972) creates a new section A: Law enforcement recordings. Overview Two levels of access: Dislcosure: view and hear, but no copy Release: provide a copy Agency can disclose Only court can release Statutes sets out factors for consideration of disclosure and release 2

3 More About Disclosure Applies to law enforcement recordings including dashboard and body worn camera, but not interviews or interrogations Disclosure authorized only to individuals that are in the recording, and their representatives Agency must weigh statutory factors. Appeal is to superior court, which must defer to the decision of the agency Factors for Disclosure and Release Is the person requesting disclosure of the recording is a person authorized to receive disclosure? Does the recording contain information that is otherwise confidential or exempt from disclosure or release under State or federal law? Would disclosure reveal information regarding a person that is of a highly sensitive personal nature? Might disclosure harm the reputation or jeopardize the safety of a person? Would disclosure create a serious threat to the fair, impartial, and orderly administration of justice? Is confidentiality necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation? 3

4 More About Release Release is only by court order. The law enforcement agency has limited internal use, but must apply for a court order, as must any other person, to have release beyond the agency Individuals who are depicted have an expedited process for release Court weighs statutory factors along with other factors deemed appropriate May place conditions on release Local Policies Agencies using body worn cameras must have policies regarding their use. Statute does not dictate what the policies must address Possible provisions include When to activate What discretion to deactivate Retention (minimum set by state retention schedule) When to allow disclosure When to seek court order for release Review by officer in an internal review or other proceeding 4

5 Beyond Public Access Fourth Amendment: Could body cameras and other data collection technologies implicate the mosaic theory? Criminal discovery: Which recordings are part of the file? Evidence: May litigants introduce expert testimony about camera perspective bias? Body Worn Cameras: Daily Deployment Average Daily Deployment 240 Cameras Patrol Officers: 180 K9 Officers: 4 Traffic Officers: 14 Violent Criminal Apprehension Detectives: 8 School Resource Officers: 18 Police Neighborhood Resource Officers: 10 Tactical Narcotics Officers: 6 5

6 Activation of Camera Upon arrival at a call for service Upon activation of emergency equipment (lights or siren) When any citizen contact becomes adversarial When appropriate or valuable to document any incident or encounter Special Circumstances Traffic Checks, Tactical Activity, Search Warrants Deactivation of Camera Upon conclusion of officer involvement.typically leaving the scene Upon direction of on scene supervisor or with approval of Bureau Commander During strip searches Statements of victims of sexually related crimes and juveniles When the officer can articulate recording could compromise safety of witness or victim 6

7 Estimated Cost Description Cost Quantity Total Cost Non Sworn G12 Position $55, $110, (FTE, benefits included) Sworn Sergeant Position $79, $79, (FTE, benefits included) Desktop Workstation Computer $2, $10, Copier, Fax, MFP $2, $2, Desk Phone $ $1, Cell Phone $1, $1, Office Furniture $6, $18, Viewing Room Furniture $3, $6, Office Supplies $5, $5, Redaction Software $10, $10, Other incidentals $5, $5, FY Total $250, Body Worn Cameras: Video Storage During FY the following amounts of video were captured via BWC: Total for the 12 month period: 191,574 videos 28,687 hours of video TB of video Average Daily: 525 videos 79 hours of video 59 GB of video *Current recommended policy change will potentially cause these numbers to increase significantly if not double. 7

8 Body Worn Cameras: Video Retention Retention Categories Category Citizen Contact Criminal Investigation Vehicle Stop/Crash Warning or Infraction Vehicle Stop/Crash Criminal Charge Non-Citizen Involvement Field Training Video Administrative Investigation Retention Period 90 days (30 required) 3 years/20 years 90 days (30 required) 3 years/ 20 years 90 days (30 required) 1 Year Indefinitely Retention of Records as required under Standard 9 of the N.C. Records Retention and Disposition Schedule for Municipalities. Body Worn Cameras: Review/Redaction Restricted Information: HIPPA restricted content, from where officers need to record while handling a call for service inside any medical facility or on-scene with EMS DCI / NCIC: certain information sent or received via the computer inside a police vehicle is restricted by state laws concerning the Division of Criminal Information Networks - NCDMV files - Sex Offender Registry - NCIC Criminal History 8

9 AOC Forms AOC CV 270 (Petition For Release Of Custodial Law Enforcement Agency Recording) New 10/16 AOC CV 271 (Order On Petition For Release Of Custodial Law Enforcement Agency Recording) New 10/16 AOC CV 272 (Petition For Review Of Denial Or Delay Of Disclosure Of Custodial Law Enforcement Agency Recording) New 10/16 AOC CV 273 (Order On Review Of Denial Or Delay Of Disclosure Of Custodial Law Enforcement Agency Recording) New 10/16 AOC CV 274 (Order To Provide Custodial Law Enforcement Agency Recording For In Camera Review And Order To Provide Notice Of Proceeding) New 10/16 9