Police Body-Worn Camera Policy: Balancing the Tension Between Privacy and Public Access in State Law
Abstract
Body camera implementation remains in its infancy stage. As such,
there is a dearth of legal scholarship analyzing the policy considerations associated
with body cameras. Instead of raising the issues involved and assessing
arguments for and against implementation, this Note assumes body cameras
are a force for good and are here to stay for the long haul. Consequently, the
goal of this Note is to analyze various issues involved in administering body
cameras against a backdrop of recently enacted state legislation—focusing
specifically on the tension between protecting privacy interests while also
ensuring public access to recordings. This Note examines these competing
values and makes limited policy judgments, and in light of these determinations,
outlines recent body camera legislation and assesses to what degree
current laws conform to these standards. This Note argues state laws have
identified and sought to remedy the core issues created by body cameras;
however, only some state laws strike a proper balance between respecting
privacy interests and granting the public access to video recordings. Thus,
many state laws continue to leave important gaps in their body camera
policies.
Recommended Citation
Kyle J. Maury,
Police Body-Worn Camera Policy: Balancing the Tension Between Privacy and Public Access in State Law,
92
Notre Dame L. Rev.
(2017).
Available at:
https://scholarship.law.nd.edu/ndlr/vol92/iss1/11