Body worn video and privacy
Under data protection legislation, police officers must inform people that they’re being filmed and will do so unless the situation means it’s not possible.
Otherwise, you will know you’re being recorded when the red light on the camera is visible.
Officers don’t have to get your consent to use body worn video.
How is the footage processed?
Footage is recorded onto internal storage inside the camera. The cameras have no ability to delete or edit the footage.
Footage captured will be uploaded to the supporting back-office software and will be processed as required.
We will use DESC (digital evidence sharing capability) to share appropriate footage with the Crown Office and Procurator Fiscal (COPFS) and the Scottish Courts and Tribunal Service.
Recordings that aren’t categorised as required for evidence at court, in other legal proceedings, or for a legitimate policing purpose will be automatically deleted within 31 days.
Who owns and stores the data?
Police Scotland is the data controller and copyright owner and is responsible for how the data is processed and shared.
Take a look at our Privacy Notice.
Can I see/access the footage and information you hold on me?
Digital recorded material such as body worn video, photographs, CCTV or interview tapes/DVDs count as police information. Under data protection legislation, you have a right to access information Police Scotland holds about you, subject to certain restrictions, by making a Subject Access Request.
Police Scotland reserves the right to apply the relevant exemptions set out by the Data Protection Act 2018 to the release of personal.
Will you share data about me with anyone else?
Information can only be shared with partners for agreed policing purposes. This includes the Crown Office and Procurator Fiscal Service (COPFS) for evidential matters.
Footage may also be shared with partners such as the Police Investigations & Review Commissioner (PIRC) when dealing with police complaints or other matters PIRC is responsible for investigating, or any other partners considered appropriate in line with agreed information sharing protocols.
Can I be assured that the data you store about me is secure?
As with all data processed by Police Scotland, body worn video footage will be stored in line with the General Data Protection Regulation (GDPR) in and Data Protection Act 2018.
Read more about data protection and your rights.
Public consultation
The public were consulted about body worn video. You can read more about the consultation and the feedback on our consultation site.
