Body Worn Camera (BWC)
I. Issue –
Body worn camera (BWC) can violate individuals’ privacy laws protected under HIPAA because officers will be recording incident which will involve individuals receiving medical attention and privileged information will recorded
II. What is HIPAA?
HIPAA is Health Insurance Portability and Accountability Act. The act addresses the use and disclosure of individuals’ health information by health care providers. Health information protected under HIPAA includes images or other types of recordings of patients. The health care providers cannot disclose records without the patient’s contest. BWC will.
III. How other states handle BWC and privacy rules (HIPAA)?
Many police departments that use BWC allow officers to use discretion whether to record in investigating sensitive crimes or situations.
A. Florida –
In Florida, there is a proposed bill for mandating body camera to be use by the state’s law enforcement officer. The proposed bill creates a public records exemption for body camera recordings made by a law enforcement officer if the recording is taken :
1. On the property of a facility that offers health care, mental health care or social services,
2. …show more content…
There are certain situations, such as …non-law enforcement interactions with members of the community, that call affording officers some measure of discretion in determining whether to activate their cameras. There are situations in which not recording is a reasonable decision. An agency’s body-worn camera policy should expressly describe these situations and provide solid guidance for officers when they exercise discretion not to records.” When officers does not activate the camera, most department polices require officers to state in writing the reason for not activating the
Body worn camera (BWC) can violate individuals’ privacy laws protected under HIPAA because officers will be recording incident which will involve individuals receiving medical attention and privileged information will recorded
II. What is HIPAA?
HIPAA is Health Insurance Portability and Accountability Act. The act addresses the use and disclosure of individuals’ health information by health care providers. Health information protected under HIPAA includes images or other types of recordings of patients. The health care providers cannot disclose records without the patient’s contest. BWC will.
III. How other states handle BWC and privacy rules (HIPAA)?
Many police departments that use BWC allow officers to use discretion whether to record in investigating sensitive crimes or situations.
A. Florida –
In Florida, there is a proposed bill for mandating body camera to be use by the state’s law enforcement officer. The proposed bill creates a public records exemption for body camera recordings made by a law enforcement officer if the recording is taken :
1. On the property of a facility that offers health care, mental health care or social services,
2. …show more content…
There are certain situations, such as …non-law enforcement interactions with members of the community, that call affording officers some measure of discretion in determining whether to activate their cameras. There are situations in which not recording is a reasonable decision. An agency’s body-worn camera policy should expressly describe these situations and provide solid guidance for officers when they exercise discretion not to records.” When officers does not activate the camera, most department polices require officers to state in writing the reason for not activating the