Body cameras offer a unique perspective, the footage allows the public to see what police see. The technology looks to increase accountability and transparency at law enforcement agencies nationwide.
“But if there is no opportunity to view the video afterwards than obviously it sort of undermines the whole purpose,” said Matt Simpson, senior policy strategist at the American Civil Liberties Union of Texas.
A new state law set aside ten million dollars in grant money to equip officers with body cameras but now there are concerns the public could have a difficult time obtaining the footage to view the video captured by police.
“The bottom line is that there are a couple different mechanisms that could delay the video from being released or even prevent it all together,” Simpson said.
Video can be withheld if the incident is still under investigation, even in extreme cases, like an officer involved shooting.
“There might be various allegations of misconduct or even various criminal charges in a complicated matter. The public might have to wait years to view that video,” said Simpson.
Footage taken inside a person’s home or in a “private place” cannot be released without that person’s permission, whether that is the property owner or the subject seen in the video.
Requests to obtain footage must include the date, time and location of the incident and the name of at least one person involved.
“No you cannot go on a fishing expedition,” said Charley Wilkison, executive director at the Combined Law Enforcement Associations of Texas, or CLEAT.
According to CLEAT it’s too early to say how departments will handle Public Information Requests, but the organization has their own concerns about a police officer’s right to privacy.
“What they are saying, what they are doing—every second of their professional life is on camera,” Wilkison said. The group did not support the bill until an amendment was made to restrict what information is made available to the public. “It’s a balancing act,” Wilkison said.
Only the information that pertains to the investigation will be available to the public, personal conversations are considered to be private but Wilkison still has concerns. “They are being trained to be police officers and to think like police officers, protect you and your family, your business and your community and they’re not necessarily trained in political correctness, so we worry about it every day,” Wilkison said.
Since the law took effect September 1st, the state’s Attorney General has ruled body camera footage may be withheld in at least eight cases. According to a search of the AG’s rulings, incomplete or incorrect requests were the reason behind the denials.
