New legislation regarding police use of bodycams
Since Jan. 20, 2024, clear legal rules for the use of bodycams by police have finally come into effect. These bodycams have been used for much longer, but only recently was the Police Service Act amended to provide a specific legal framework for their use. Previously, these cameras were placed under the general rules of camera surveillance by police, but the Ministers of Justice and the Interior deemed that targeted regulation was appropriate.
The purpose of the bodycam is to have fewer contestations after police interventions. Evidently, this works both ways. On the one hand, there are the disputes about violence or behavior towards the police, on the other hand, disputes also arise about the action by the police in some interventions. Therefore, the bodycam offers protection to both the police, and the citizens.
The bodycam can only be used during interventions, so it is not intended to record continuously. The use of the bodycam is subject to several rules.
For example, the bodycam must be clearly visible; it must not be a hidden camera. Also, the police officer in question must give a verbal warning that he or she is going to activate the camera. Only when this would harm the intervention or it is practically impossible to warn everyone - for example, at a large demonstration - does this warning obligation not apply. The police can use the bodycam only when there is a good reason to do so, such as a heated discussion, use of force or coercion, dangerous situations or when a crime is established.
A citizen can never demand that a bodycam be turned off. However, the citizen can request that a bodycam just be turned on. In the event of such a request from the citizen, the police should in principle always accede to this request, unless this interferes with the intervention. Finally, the record of the intervention should always explicitly state whether the bodycam was used. If the use was explicitly refused, this must also be stated in the official report, as well as the reason why it was refused.
Bodycam images are kept for at least 30 days and up to 1 year. The police officer in question can never decide for himself whether or not to erase these images. Citizens cannot simply request the images either. The images can be used to make a detailed report. But they can also be used as evidence (piece of evidence) in a criminal investigation. In that case, the images are added to the criminal investigation and do become available to those involved.
Police forces may decide for themselves whether to use a bodycam. There is no obligation to do so. However, these bodycams could prevent many discussions. Both towards the police and towards citizens. In addition, the mere presence of the bodycam can prevent a situation from escalating. It can ensure that people do not misbehave because they know it is being filmed.
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