Advocates of increased transparency in law enforcement are understandably keen to see more police officers wearing body cameras. Not only is there some evidence that police officers wearing body cameras contributes to a decline in police “use-of-force” incidents, footage from police cameras has provided useful evidence to those investigating allegations of police misconduct. Yet despite the benefits of police body cameras there are serious privacy concerns that must be considered and addressed as they become more common.
Perhaps the most obvious privacy concerns are those of the civilians filmed by police officers. If footage from police body cameras is considered public record then hours of footage of innocent people’s interactions with police officers is potentially available. It is not hard to imagine a situation in which police officers wearing body cameras enter someone’s home and leave without making an arrest. Footage of that encounter could reveal embarrassing or private information about the homeowner.
In November of last year it was reported that Washington police departments were reviewing their policies related to dash cameras and body cameras in the wake of an increase in requests for footage from the public via public record requests. As the ACLU has pointed out, Washington is one of the states where body camera footage is considered “susceptible to public release upon request.”
At the end of last month, members of the North Dakota House overwhelmingly passed a bill that would exempt police body camera footage of the inside of a private place from a public record request. North Dakota House member Kim Koppelman, who introduced the bill, said that the legislation would protect civilians in situations similar to the one I outlined above. Koppelman reportedly introduced the bill “at the request of West Fargo Police Chief Michael Reitan.” Koppelman and Reitan may be primarily concerned with the privacy of civilians, but a civilian could have a genuine interest in seeing the footage gathered by police officers in her home, especially if she believes that officers damaged property or behaved poorly.