Overview of the Human Rights Act 1998

The Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into UK law. The use of body-worn cameras (BWCs) intersects with several key rights protected under the ECHR, particularly the right to privacy (Article 8) and the right to a fair trial (Article 6).

Article 8: Right to Privacy

Under Article 8, individuals have a right to privacy, which must be respected when using BWCs. Key considerations include:

• In public spaces, there is a lower expectation of privacy, allowing for more routine use of BWCs.
• In private settings such as homes or medical facilities, recording must be justified and lawful to minimise intrusion.

Failure to respect these rights can lead to legal challenges and undermine public trust in the use of BWCs.

Article 6: Right to a Fair Trial

Article 6 ensures the right to a fair trial, which is highly relevant to footage captured by BWCs. To uphold this right:

• Footage must be handled with integrity, ensuring it remains untampered and reliable as evidence.
• It must be accessible to both the prosecution and defence, ensuring a balanced judicial process.

Proper management of BWC footage is critical for its admissibility in court and to protect individuals' legal rights.

Compliance with the Human Rights Act

The use of BWCs must align with the Human Rights Act 1998 to ensure that individual rights are upheld. Respecting privacy and fair trial rights is essential for maintaining public confidence and ensuring the lawful use of this technology.