Police body cameras: A good idea, but strong policies needed for privacy

By Marjorie R. Esman
Contributing Columnist

When it comes to law enforcements’ use of surveillance technology the ACLU of Louisiana’s position is generally one of considerable caution over the potential, even probable abuse of the technology to invade the privacy of innocent people. Way too often in the effort to locate or gain information on the ‘bad guys’, some surveillance technology routinely gathers personal information on random people with no connection to the investigation and who are usually unaware that their information has even been compromised. However, recognizing the real problem of police violence in the U.S. the use of body cams by police officers is a surveillance technology we support. Body cams provide up close and personal oversight of police activity and are the best check against any abuse of power. It is the first technology that lets the public monitor the government’s actions instead of the other way around. Still, the use of police body cams isn’t exempt from some of the same privacy concerns. The challenge becomes how to address the divide between the technology’s potential to invade privacy and its benefit in promoting police accountability.

Recording, Retention and Access

Three issues are at the heart of the body cam debate: the recording itself, what should and shouldn’t be recorded and how to control the process; the retention of that recording, who keeps it and for how long; and finally, who should have access to the recording. Obviously, the purpose of body cams is to capture police encounters with the public, ultimately to provide an accurate account of an event or situation. But, given the sheer number and variety of police encounters, there are surely times when recording is inappropriate or could potentially put someone in harms way. A September, 2014 report done by the Police Executive Research Forum (PERF) singled out victims of rapes and domestic abuse, children who have been sexually assaulted and potential witnesses to crimes as all having good reason not to want to be recorded. But what about the police officer answering a domestic disturbance call at someone’s private residence? Does the officer have the right to record the potentially embarrassing incident without their knowledge? Also consider that during an average shift a police officer’s camera will mass record the every day activities of hundreds, maybe thousands of innocent and unsuspecting people. Even the police officer’s privacy is affected. Casual conversations with other officers or officers shooting the breeze while on break would be recorded. Should these private conversations be part of the public record? And could they potentially be used against the officer for disciplinary action? Like everyone else, police officers should have a reasonable expectation of privacy.

Body Cams Can Work

In spite of the above concerns, we believe body cams are a good idea. With the right policies in place their potential for oversight into police misconduct far outweighs the concerns. While research on the use of body cams is relatively new, most of it clearly indicates that when body cams are in use there is a decrease in the severity of police incidents, including the use of force by officers, and a corresponding decrease in the number of complaints from the public. Fact is, people simply behave better when they know they are being watched or recorded, and that includes the police. The Rialto, California police department participated in a well documented year-long study done in 2012 on the effects of using body cams. With the cameras on, they reported a 58% drop in the use of force by officers and an 88 percent decrease in the number of complaints against officers.

In a survey done by PERF in 2013, 75 percent of the police departments surveyed said they did not use police cameras. But because of the Michael Brown case and with a spate of others being played out in the media where a police officer’s body camera has captured material critical to the case, the President recently asked congress to spend $75 million on the technology and about $20 million in grants is currently being dispersed to law enforcement agencies across the country to purchase body cams. With the interest in the technology high, now is the time to begin considering policies to control its use.

This article originally published in the December 14, 2015 print edition of The Louisiana Weekly newspaper.