A Freedom of Information (FoI) request by a BBC news team has uncovered more than 150 police BWV (body-worn video) camera misuse reports over a two-year period.
These led to cases to answer over misconduct, recommendations for learning or where complaints were upheld, claims the report.
At least some officers seem to be getting into a habit of switching off their body-worn cameras when force is used, as well as regularly deleting footage and sharing videos on social media, especially police WhatsApp groups.
Under existing rules, however, officers are allowed to turn cameras on and off — and while there is a code of practice for their use from the Biometrics and Surveillance Camera Commissioner, there is no specific law or regulation covering their use.
However, NPCC (National Police Chiefs’ Council) 2022 body-worn video guidance states that, “The use of BWV ensures that police interactions are accountable and safeguards the user and members of the public alike” and that “continuing to record will safeguard both parties as it is a true and accurate recording of any significant statement made by either party and of the scene”.
The guidance was produced in consultation with The Home Office, the Crown Prosecution Service , the College of Policing and every UK regional and national police force, including police forces from UK overseas territories and strategic operational partners.
BWV’s use on the front line was supposed to improve transparency and increase faith in policing, but FoI data seems to suggest at least seven forces have seen incidents where officers shared camera footage with colleagues or friends, either in person, via WhatsApp or on other social media.
This included, claims the broadcaster, images of a naked person being shared between officers on email, as well as cameras used to covertly record conversations.
Footage being lost, deleted, or not marked as evidence include a vulnerable woman alleging she had been raped by an inspector, with that force later blaming an "administrative error".
Switching off cameras during incidents, for which some officers faced no sanctions, with one force said an officer may have been "confused".
This despite NPCC rules saying that if a user deems it necessary to turn off their BWV but events subsequently develop that require further investigation or proceedings, they should resume recording to capture any potential evidence, as well as other steps.
The failures uncovered by the BBC are "unlawful" in some cases, says the NPCC lead for body-worn video, Acting Chief Constable Jim Colwell.
The Chief Constable is quoted by the BBC as these incidents are both unlawful and “go to the heart of what undermines confidence in policing".
The reporters also claim to have heard multiple complaints that video is not being shared with defence teams under disclosure rules, despite its increasing importance in criminal cases.
The story also claims forces “almost never” release footage to the press after significant incidents or in response to Freedom of Information requests, and essentially police this area of evidence capture themselves, in some cases arguing footage did not provide "any tangible benefit to the public".
The Home Office told the BBC that NPCC guidance should always be followed, and that police use of technology, including body-worn video cameras, must always be “lawful, proportionate and justified”.
