Guidance for the Use of Body-Worn Cameras by Law Enforcement Authorities

This guidance aims to identify some of the privacy considerations law enforcement authorities1 (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.

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.

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 legislation2 , 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.

Topics within the guidance

• Body worn cameras and privacy
• Body-worn cameras capture personal information
• What is the right balance between privacy and law enforcement needs?
• Privacy Impact Assessments
• Notifying the public
• Continuous versus intermittent recording
• Try to avoid recording bystanders
• Proper safeguards, retention, destruction and storage of BWC recordings
• Use of video analytics
• Individual access
• Documenting policies and procedures

Download or view the complete guidance document.

Guidance Published in 2015