Dalton Primeaux

Volume 27.1 (download PDF)

Abstract

Many public safety advocates have called for the use of police body cameras to document the interactions between officers and the public. In light of the documented incidents of police violence and misconduct, some advocates and policy experts have urged law enforcement to use body cameras to discourage future wrongdoing and create a record of when such incidents do happen. In some states, body camera footage is considered public record and can be obtained upon request. Most policies concerning requests for the release of body camera footage require the chief of police to grant permission for sharing the video with parties outside of the police department, but there is little guidance regarding if and when distribution should be allowed. As a result, victims are at risk of complete exposure during incredibly vulnerable moments in their lives. Protecting the privacy of victims and others captured in footage is one concern undergirding resistance to expanding such programs.

The increasing use of body camera footage emphasizes a number of new privacy concerns. These issues, however, may be corrected by treating the candid footage more like evidence and less like a policing tool that needs special treatment.

This Note will explore the history, control, and usage of body camera footage; the public’s interest in the release of footage to the media; and the public’s need for privacy. Finally, it will propose a balance between the public’s interest in both accountability and privacy.