Introduction to Data Rights and BWCs

The deployment of body-worn cameras (BWCs) in the UK intersects significantly with individuals’ rights, particularly regarding personal data captured by these devices. Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018), individuals have specific rights designed to protect their privacy and ensure that their data is handled lawfully and transparently.

Organisations using BWCs must comply with these rights to maintain public trust and avoid infringing on individual liberties.

Key Rights Under GDPR

GDPR provides individuals with several rights related to their personal data, which extend to footage captured by BWCs. These include:

The Right to Access

Individuals can request access to any footage in which they appear through a Subject Access Request (SAR). Key points include:

• Organisations must respond to SARs within one month.
• The footage must be provided, or an explanation given if access is denied (e.g., if it infringes on the rights of others).
• To protect others’ privacy, organisations must redact sensitive information, such as blurring other individuals' faces or muting audio.

The Right to Rectification

Under the right to rectification, individuals can request corrections to their data if it is inaccurate or incomplete. For BWC footage:

• Metadata such as time, date, or location can be corrected if errors are identified.
• Additional context can be added to clarify the recording if it might otherwise be misleading.

The Right to Erasure

Also known as the "right to be forgotten", this right allows individuals to request deletion of their data in specific circumstances, such as:

• The footage is no longer needed for the purpose it was collected.
• The data was processed unlawfully.
• The individual withdraws consent where consent was the basis for processing.

However, the right to erasure is not absolute and does not apply if the footage is required for legal purposes, such as law enforcement or ongoing investigations.

The Right to Restrict Processing

Individuals can request restricted processing of their data under certain circumstances, including:

• If the accuracy of the data is contested.
• If processing is unlawful but the individual opposes deletion.
• If the data is no longer required by the organisation but is needed by the individual for legal claims.

During restricted processing, the footage may be securely stored but not actively used.

The Right to Object

The right to object allows individuals to challenge the processing of their personal data in certain contexts, including:

• Processing for public interest or legitimate interests, unless the organisation can demonstrate overriding reasons.
• Use of data for direct marketing purposes, where individuals have an absolute right to object.

While this right is limited in law enforcement contexts, it is applicable in other scenarios where BWCs are used.

Conclusion

By adhering to the rights outlined in GDPR and DPA 2018, organisations can ensure the ethical and lawful use of body-worn cameras. Compliance not only protects individual privacy but also fosters public trust in the deployment of this technology.