As London cops roll out body cams, public should temper expectations about what they'll see
CBC
All frontline London police will soon be deployed with body-worn cameras that will film their calls for service, a major change to local policing that will spur a deluge of daily video footage from the department.
Cameras began rolling out Monday for some patrol, canine and emergency response officers, with the aim of having all frontline members equipped in a year's time.
Just don't expect to see much of that footage anytime soon.
Unlike south of the border in the U.S., where police body camera footage has been abundant for years, Canadian privacy law makes it harder for the public to access police-filmed video, particularly if it doesn't involve themselves.
Most police departments are subject either to the Freedom of Information and Protection of Privacy Act, known as FIPPA, or its municipal equivalent, MFIPPA, said Kirsten Thompson, a Toronto-based lawyer with Dentons specializing in cybersecurity and privacy.
As a result, they and other organizations subject to the laws are prohibited from disclosing someone's recorded personal information, with exceptions.
"That would include any video or audio that contains personal information, so that's going to be body cam footage," she said.
Anyone can file a freedom of information (FOI) request under MFIPPA to request footage. The department says it will apply a $50 fee for video per camera.
Whether that request is granted isn't a guarantee. Under MFIPPA, individuals can request access to their own personal information, and once they obtain it, can do whatever they want with it, Thompson said.
Members of the public have a "right of access" to a record in the control of a public institution, although exemptions exist that can limit access, including if the institution deems a request "frivolous or vexatious."
Police also have the discretion to refuse a request if doing so may, among other things, interfere with an investigation from which a "law enforcement proceeding" is active or is likely, deprive someone of a fair trial, or endanger someone's life or safety.
If there were body camera video that could be released, but it contained members of the public who hadn't given prior consent, police would have to edit them out first. As a result, much of the footage would likely be blurred or muted aside from the responding officer and the requesting party, granted they were in the video.
That means curious neighbours looking to get video from a recent drug bust near their home will probably find themselves out of luck, either due to an active court case, or because the video will be missing information.
"When an FOI request is made, if [body camera] footage is available, it will be redacted and disclosed using the same principles as are currently applied to all other forms of written/audio/video material," London Police Sgt. Sandasha Bough wrote in an email to CBC Tuesday.
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