Introduction to Individual Rights and BWCs

The use of body-worn cameras (BWCs) in the UK has significant implications for individuals’ rights, particularly in relation to personal data captured by these devices. The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) establish key rights to ensure data is handled lawfully, transparently, and responsibly.

Organisations deploying BWCs must comply with these rights to protect individual liberties and maintain public trust.

The Right to Be Informed

The right to be informed ensures that individuals understand how their personal data is collected, processed, and used. Organisations must:

• Provide clear information about why recording is taking place, how footage will be used, who it may be shared with, and retention periods.
• Communicate this information visibly, such as through signage, verbal announcements, or other methods.

A privacy notice detailing BWC policies should be accessible to the public, explaining the legal basis for recording and individuals' rights.

The Right of Access (Subject Access Requests)

Under GDPR, individuals can submit a Subject Access Request (SAR) to access their personal data, including BWC footage in which they appear. Key points include:

• Organisations must respond within one month by providing the footage or explaining why access is denied.
• Footage must be redacted to protect third-party privacy, such as blurring faces or muting audio.
• No fee can be charged unless the request is manifestly unfounded or excessive.

The Right to Rectification

The right to rectification allows individuals to request corrections if their data is inaccurate or incomplete. For BWC footage:

• Metadata (e.g., time, date, or location) can be corrected if errors are identified.
• Additional information may be provided to supplement footage, especially where the recording alone might be misleading.

The Right to Erasure

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

• The data is no longer necessary for its original purpose.
• The individual withdraws consent, or the data was processed unlawfully.

This right is not absolute. For example, organisations may retain footage needed for legal obligations or ongoing investigations.

The Right to Restrict Processing

This right allows individuals to limit how their data is processed in certain situations, such as:

• If the accuracy of the data is contested.
• If processing is unlawful but the individual opposes deletion.
• If the data is needed for legal claims.

Restricted data may be stored securely but not actively used until the restriction is lifted.

The Right to Object

Individuals can object to data processing in certain contexts, such as:

• When processing is based on public interest or legitimate interests, unless overriding grounds are demonstrated.
• If BWC footage is used for direct marketing (unlikely in law enforcement or security contexts).

The Right to Data Portability

This right allows individuals to transfer their data between services in a structured, machine-readable format. While less applicable to BWC footage, organisations must ensure secure and accessible transfers if requested.

Balancing Rights and Public Interest

While these rights protect individual privacy, they must often be balanced against the public interest. For example:

• Footage may be retained for legal obligations or ongoing investigations, even if an erasure request is made.
• Any limitations on rights must be necessary and proportionate, with the least intrusive option chosen.

Conclusion

By respecting individual rights under GDPR and DPA 2018, organisations using BWCs can maintain compliance, uphold privacy, and foster public trust. Balancing these rights with public safety and legal obligations is essential for ethical and effective BWC deployment.