As police departments across the United States implement the use of body worn cameras (BWCs) to promote transparency and accountability, it's important to understand the laws governing these devices. In this blog post, we take a deep dive into the body worn camera laws in the state of Tennessee and discuss their implications for both law enforcement officers and civilians.

The legislative landscape: Tennessee's approach to body worn cameras

In Tennessee, BWC laws have been shaped by two main legislative acts - the Police Body Camera (PBC) Act and the Tennessee Public Records Act. The PBC Act, passed in 2016, provides a comprehensive framework that guides the use and management of BWCs by law enforcement officers. It includes provisions for data storage, access, and disclosure, as well as outlines the circumstances under which BWCs can be turned off.

The Tennessee Public Records Act, on the other hand, is a broader piece of legislation that governs the access and disclosure of public records maintained by state agencies, including BWC footage. Together, these acts serve as the foundation of body worn camera laws in Tennessee.

Mandatory BWC use for law enforcement

The PBC Act mandates that all Tennessee law enforcement agencies that adopt a BWC program must establish a written policy that focuses on a few key areas:

1. The purposes behind using BWCs

2. The personnel authorized to wear BWCs

3. The training required for both officers and supervisors

4. BWC data storage, access, and disclosure policies

5. The penalties for failing to comply with the policy

According to the PBC Act, officers are required to activate their BWCs during any interaction with the public while acting in their official capacity, including during traffic stops, arrests, searches, interrogations, and pursuits. However, the Act also outlines specific situations when officers may choose not to activate their BWCs, such as:

1. When interacting with undercover officers and confidential informants

2. During personal conversations unrelated to official duties

3. In locations where a reasonable expectation of privacy exists, such as restrooms and locker rooms

4. When dealing with sensitive victims, such as sexual assault survivors, unless the victim consents to being recorded

Data storage, access, and disclosure

Under the PBC Act, all BWC data must be stored securely and retained for a minimum of 90 days. Furthermore, law enforcement agencies must establish protocols for deleting or redacting data that is exempt from disclosure under the Tennessee Public Records Act.

In terms of access to BWC data, the PBC Act allows both the officer who captured the footage and their supervisors to review it for official purposes. However, civilian access to BWC data is governed by the Tennessee Public Records Act, which permits the release of BWC footage only under specific circumstances. For example, the Act exempts BWC footage from public disclosure if it:

1. Showcases a minor who is a victim, witness, or alleged delinquent

2. Depicts a victim of sexual assault or domestic abuse

3. Takes place within a private residence or business and is unrelated to an arrest

4. Reveals the identity of a confidential informant

Despite these exemptions, individuals involved in the incident captured on BWC footage, or their legal representatives, have the right to request access to the data.

Impact of Tennessee's BWC laws on law enforcement and civilians

The implementation of BWCs has significant implications for both law enforcement officers and civilians in Tennessee. Advocates argue that BWCs promote transparency, strengthen public trust, improve officer accountability, and protect officers from false accusations. Furthermore, BWC footage can serve as valuable evidence in both criminal and civil cases.

However, privacy concerns have been raised by both law enforcement officers and civilians. Due to the invasive nature of BWC data, the potential for misuse or unauthorized disclosure of sensitive information is a serious concern. To mitigate these risks, Tennessee's BWC laws provide clear guidelines that govern the storage, access, and disclosure of BWC data, striking a balance between promoting accountability, and protecting individual privacy rights.

In conclusion, understanding the intricacies of body worn camera laws in Tennessee is essential for both law enforcement officers and civilians. By staying informed, both parties can appreciate the benefits and address the potential concerns posed by the implementation of BWCs in the state.