GDPR and the Use of BWCs

While explicit consent is not always required for the use of body-worn cameras (BWCs), particularly in law enforcement contexts, the General Data Protection Regulation (GDPR) mandates that any processing of personal data must be necessary and proportionate to the task at hand. This is referred to as the "necessity test."

Consent in Non-Law Enforcement Settings

In non-law enforcement settings, such as when BWCs are used by private security companies, obtaining informed consent may be required. This is particularly relevant when:

• Recording in private areas, such as homes or restricted spaces.
• Conducting non-routine activities where individuals may reasonably expect privacy.

Consent must be:

• Freely given: Individuals must not feel coerced into providing consent.
• Informed: Individuals must understand why and how recording is taking place.
• Unambiguous: Consent must be clearly communicated and documented.

Necessity Test in Law Enforcement

In law enforcement contexts, consent is typically not required; however, organisations must demonstrate that the use of BWCs is necessary for achieving specific objectives. For instance:

• Gathering evidence during investigations.
• Enhancing officer safety during interactions.
• Maintaining public order in potentially volatile situations.

Activating a BWC should be based on a clear assessment that recording is required to meet these legitimate objectives.

Conclusion

Whether in law enforcement or private settings, organisations must ensure that the use of body-worn cameras complies with GDPR requirements. This includes conducting a necessity test, obtaining consent where applicable, and ensuring that recording activities are both lawful and proportionate to their purpose. These measures help protect individual privacy and maintain public trust.