The City of Del Mar recently discontinued use of body-worn cameras following a California Public Records Act request that lead to the release of video taken by Park Ranger Adam Chase. The video, taken during a traffic stop of reserve Deputy Scott Masters, showed Masters making abusive remarks and questioning Chase’s authority. This incident, which resulted in Masters’ dismissal, has brought to light several issues that are likely to arise as the use of body-worn cameras becomes more wide spread.

One potential issue is the Public Records Act. On its face, the PRA exempts investigatory records and files from disclosure, which means that footage recorded with body-worn cameras likely would be exempt from release. However, as the situation in Del Mar has revealed, this does not mean that information captured by police officers wearing body-worn cameras will not become public. While this increases transparency, it also risks compromising police investigations or even resulting in the release of videos that are more interesting for their ability to go viral than for their utility in fostering police accountability. There may be a temptation to engage in selective release of captured footage, yet this practice would run afoul of the express prohibition set forth in the Act.

The possibility that footage from body-worn cameras may become public implicates a need for training on best practices and evaluation and implementation of clear policies, taking into account public safety concerns, personnel issues, third-party privacy concerns and the requirements of the PRA. There is a strong need for policies that spell out very clearly when to use body-worn cameras, when to stop using them and when the footage recorded from the cameras is to be reviewed.

Because of the current public discourse on the use of body-worn cameras, policies affecting their use are in the spotlight. To be sure, the technology offers a promise of greater accountability, transparency and an opportunity to increase the public trust. But that promise should not blind departments as they seek to develop clear and legally sufficient policies that balance the necessary considerations.