15-20 Body Worn Camera Flashcards
Rationale
The Toronto Police Service (Service) has undertaken the use of Body-Worn Cameras (BWCs). The goals of equipping front-line officers with BWCs are to assist the Service to:
enhance public trust, confidence in the police and police ———— ;
capture an ———- record of police officer interactions with the public;
enhance public and police officer ——— ;
strengthen the commitment to ——free service delivery by officers to the public;
provide improved ——– for investigative, judicial and oversight purposes;
ensure fair and ——-resolution of complaints and reduce ——–accusations of misconduct;
provide additional supervisory and ——— tools; and
provide information as to the ——— of Service procedures and training
accountability
accurate
safety
bias
evidence
timely
unwarranted
leadership
effectiveness
The BWC is an audio video recording device that will document officers’ interactions with members of the public during the execution of their duties. BWCs are intended to capture specific incidents. They are not intended for ——— r recording.
The Supreme Court of Canada decision of ———, emphasises that interactions between the police and public are not to be secretly recorded without judicial authorization. Covert recording by a uniform police officer using the BWC is —— by law.
twenty four (24) hour
Regina v. Duarte (SCC 1990)
prohibited
Front-line uniform officers will be equipped with the BWC technology and shall record all investigative and enforcement activities in compliance with this procedure. Frontline uniform officers who would not in the normal course of their duties engage in enforcement or investigative duties will —- be equipped with BWC technology.
When a BWC is used, recordings are considered as supporting the officer’s —–and shall supplement, detailed memorandum book notes and applicable reports
not
observations
In circumstances where the Special Investigations Unit (SIU) mandate has been invoked, the SIU will be the lead investigative agency and the Service cannot release that ——— to the public; that decision would be made by the —–.
In cases where the SIU is not involved or their involvement has ——, the Service may release to the public, recordings from body-worn cameras where such recordings depict interactions with members of the public where a “———” exists (such as wherethere are allegations of discreditable conduct, improper conduct, misconduct or excessive or improper use of force by Service Members). Such “compelling public interest” releases will only occur with the explicit authorization of the ——–. Where a specific request for such a release has been made to the Chief and the Chief decides that there should not be such a release, the Chief will issue an ——–for that decision.
footage
SIU
ceased
compelling public interest ie conduct
Chief of Police (Chief)
explanation
The purpose of this document is to provide the Service with a Procedure for the use of BWCs, and the management, storage, and retrieval of audio/video digital media recorded using the BWCs. This Procedure has also been developed in accordance with ———- Policy “Body-Worn Cameras”.
Toronto Police Services Board
Discipline
Members must be cognizant of the value that the BWC presents and the importance of why they must be used in the performance of their assigned duties.
Any police officer found not in ——– with this Procedure, and/or associated Service Governance, will receive a minimum penalty of —— hours. This penalty increases to a minimum of ——- for a supervisor. These penalty provisions have been included in Service Procedure - Chapter 13 Appendix A, entitled “Unit Level Criteria/Conduct Penalties”. The concept of progressive discipline will apply for subsequent breaches of associated ———
compliance
eight (8)
sixteen (16) hours - supervisor
Service Governance
Pursuant to Procedure 13–03 and 13–05, any apparent breach of this Procedure will be considered on its merits having regard to all the circumstances before discipline is commenced.
The Service is committed to maintaining public trust by delivering professional and unbiased policing at all times.
The above discipline will take effect after an officer is trained and equipped with a BWC for ————-days. ——— days was deemed by the Service to be a fair amount of time to allow officers to learn to properly use this new technology
sixty (60) calendar
Sixty (60) calendar
Context of Recording
Recording in a———- - Is permitted during ——— circumstances, under the legal authority of a ———- or with the ———of the owner/occupant of the private space. This includes private spaces such as a residence, ———-buildings and ———places as long as legal authority exists and is documented.
Private Place
exigent
warrant
consent
government
religious
Context of Recording
Recording with the consent of the owner/occupant – In a situation where an officer’s lawful presence in a private place is conditional on the owner’s/occupant’s consent, if the owner/occupant requests that the interaction not be recorded, the officer is required to —–recording or request the owner/occupant come out to a ——- setting. Officers are required to provide the owner/occupant a reasonable opportunity to ——- or consent to being recorded.
stop
public
refuse
Context of Recording
Recording in exigent circumstances or while in execution of a search warrant – When an officer is lawfully entitled to enter a private place in exigent circumstances or on the authority of a search warrant, the officer is ——– permitted to record with their BWC during their presence at the location. In these circumstances, an officer shall continue to record, despite an individual’s ———to being recorded.
lawfully
objection
Context of Recording
Recording in a Public Place – Officers may encounter situations where individuals object to being recorded in a public place. Officers may ——— to record, in compliance with the law. Officers should be mindful that the public has a reasonable, albeit ———- expectation to privacy in public spaces.
While this Procedure makes it clear that officers shall start recording their BWC’s when they are engaging or about to engage a member of the public in an investigative or enforcement activity and that a recording shall not be started unless that is so, police actions at ——— or protests sometimes present unique challenges. BWC’s shall not be used as tools to carry out general ——-and are not intended to be used to dissuade members of the public from exercising their lawful right to peaceful assembly, demonstration or protest. Officers at such events shall start recording their BWC’s when they engage or are ——- to engage a member or members of the public to investigate a breach of the law or to attempt to enforce the law. An officer who is standing by and merely ———- a peaceful assembly, lawful demonstration or
protest shall not start recording her or his BWC. If an infraction of the law is occurring or the officer reasonably believes that one is about to occur then the officer shall start recording.
continue
diminished
demonstrations
surveillance
about
observing
Context of Recording
Incidents of a Sensitive Nature – Officers equipped with a BWC must be cognizant of the impact recordings may have on victims, witnesses, or ——– involved in incidents of a sensitive nature, including in a ———place. In such circumstances if it is momentarily necessary to ——-the video to protect the ——of another person (for example to allow them time to put clothing on), and taking into consideration the expressed wishes of the person in question; only the video should be obstructed and this should only be resorted to for a short period of time and provided that the member(s) are not in a situation where they might use force while the lens is covered. Further, this must be in accordance with the law and ———- in the officer’s memo book.
suspects
public
obstruct
dignity
documented
Context of Recording
In circumstances where an officer equipped with BWC is in a place of ———-, the officer shall be cognizant of the privacy of those parties present as it relates to their engagement in ——-, confession, worship and other matters that may be deemed personally sensitive. In those circumstances, the officer shall ensure that the parties are aware of the reasons that continuous recording is necessary. In those circumstances, if the BWC recording is ——— due to a reasonable concern for the dignity of a person, it must be in accordance with this Procedure and documented both on the BWC and in the officer’s memo book.
worship
prayer
stopped
Retention, Security and Disposal
The Body-Worn Camera and the Cloud Storage Solution are both ——— Assets and therefore subject to the Toronto Police Service ————— and IT Governance that establish organization - wide controls to ensure secure storage, transfer, and disposal of all recordings created by the BWC system, including records containing audio, video files and meta-data. These controls govern any wrongful access, attempts to defeat security measures, and ———–or personal use of this infrastructure, and shall be implemented by the Information Security Officer
Information Technology
Information Security Policy
inappropriate
Retention, Security and Disposal
The retention period of records is managed according to the ———– All BWC records shall be retained for a minimum of ——– plus —— which ensures the records are retained for the duration ofthe general ———- period established by the ———- S.O. 2002, c.24, Sched.. B) and then securely destroyed, absent a circumstance that ———- a longer retention period.
City of Toronto By-Law No. 689-2000.
two (2) years + one (1) day
limitation
Limitations Act, 2002,
triggers
Retention, Security and Disposal
All actions (e.g., recording, indexing, accessing, viewing, copying, redacting and deleting) in the BWC system are logged and ———— by —————-. Audit logs are retained ———-.
Officers shall identify any indication or suspicion of a ————- to their ——- who will in turn conduct a preliminary investigation and engage the ———— in accordance with Service Procedure 17-02 “Information
Breaches
auditable
Information Security
indefinitely
breach
supervisor
Information Security Officer
Retention, Security and Disposal
In cases where there is a breach or possible breach of the Cloud Storage Solution, the ———-will, consistent with ——— obligations, promptly notify the Service in writing, and provide information relating to the breach or possible breach.
Consideration may be given to retaining a BWC recording for training purposes. In such circumstances, this must be at the approval of the —————–
Supplier
contractual
Toronto Police College.
Use and Disclosure (Internal) BWC Recordings
In general, the rules governing the use, review and dissemination of BWC recordings are contained in privacy legislation ———– (MFIPPA). Access to or viewing of BWC records will only
be allowed to members of the Service with a specific role in relation to the records justifying and necessitating such access. The following are specific examples of circumstances in which access will be allowed:
a. A Service Member who ——- the BWC which captured the recording and who has already ——- any required initial notes, reports, statements and interviews regarding the recorded events shall be allowed to access such recordings;
Municipal Freedom of Information and Protection of Privacy Act
wore
completed
Use and Disclosure (Internal) BWC Recordings
b. Supervisors of the Service Member who wore the BWC which captured the recording, or who are captured in the recording (as long as that Supervisor is not also a ——-to the event) to allow the Supervisor to fulfill his/her duties as a Supervisor or where there are specific allegations of ———- against the Service Member, or where a ————- was completed and the events detailed in the form are also captured on the recording shall be allowed to access such recordings;
witness
misconduct
Use of Force form
Use and Disclosure (Internal) BWC Recordings
c. Service Members (including members of other Police Services, and members of other criminal or ————authorities, who are conducting an investigation as agents for the Service) who have grounds to believe the recording includes ———-materials relevant to a Service criminal or quasi-criminal investigation shall have access to such recordings;
quasi-criminal
evidentiary
Use and Disclosure (Internal) BWC Recordings
d. ——— to the Service and Service Members supporting them with regards to an on-going or potential legal proceeding shall have access to such recordings;
e. Service Members who are conducting an —— of the Service’s body-worn camerasProcedures shall be allowed to
access such recordings;
Legal counsel
audit
Use and Disclosure (Internal) BWC Recordings
f. Service Members tasked with the development of ———programs for the Service, who are made aware through
their ———— that certain BWC recordings may contain material that may be useful for the purposes of
training of Service Members, shall have access to such recordings. All appropriate ——- measures shall be
completed by the lead trainer prior to use in training;
g. Service Members attached to ——— Service responsible for analysis in relation to specific BWC recordings shall be allowed access to such recordings;
training
Unit Commander
anonymizing
Forensic Identification
h. Service Members engaged in internal investigations, such as ———– criminal or conduct investigations or internal reviews, shall be allowed access to BWC recordings that may be relevant to those investigations; and
i. Service Members aiding the ——-with respect to a “————” release (described earlier in this
Procedure) shall be allowed access to those BWC recordings
Professional Standards
Chief
compelling public interest
Use and Disclosure (External) BWC Recordings
Access to or viewing of production of BWC records for people who are not members of the Toronto Police Service will be
provided only as permitted or required by —–. Without limiting the generality of the foregoing, the following are examples of circumstances where this will occur:
a. Members of bodies responsible for independent oversight of police (————– and the Special Investigations Unit (SIU)) who are conducting an investigation and who have
grounds to believe that the BWC recordings include ———materials shall have access to such recordings
law
e.g. Office of the Independent Police Review
Director (OIPRD)
evidentiary
Use and Disclosure (External) BWC Recordings
b. Anyone who has legal —— (whether that be by statute, —— or prior judicial authorization) shall have access to such recordings, including in relation to the —— of Toronto Police Services criminal and quasicriminal cases and access requests granted under MFIPPA;
c. Members of the public or their representatives may be allowed to view BWC footage that captures an incident in
which they were involved for the purpose of attempting to —–resolve a complaint or potential complaint into
the conduct of a Service Member; such viewing will be at the discretion of the ——— or delegate; and
d. Members of the public will see a BWC recording that has been ordered released to the public by the Chief by virtue
of there being a ‘compelling public interest’ in the release of such recording.
authority
regulation
prosecution
informally
Officer in Charge
Member
- All requests for a copy of BWC records from a member of the public shall be directed to the——————
Access and Privacy Section of Records Management Services