Washington State Attorney General Bob Ferguson said that police officers with body-worn cameras do not need consent from citizens to record their conversations and actions — even inside of homes.
In his opinion, Ferguson said that since interactions with on-duty police are considered public, they are exempt from the state’s privacy laws and an officer would not need to stop recording.
Ferguson’s non-binding legal opinion, which came at the request of Sen. Andy Billig from Spokane and is based on state Supreme Court rulings, is key as police departments around Washington consider the use of body-worn cameras.
We appreciate the clarity issued by @AGoWA, which confirmed that our policy was developed in accordance with state law. (1/2)
— Seattle Police Dept. (@SeattlePD) November 24, 2014
Our policy for pilot phase of the body-worn camera project incorporates greater protection for privacy than strictly required by law. (2/2)
— Seattle Police Dept. (@SeattlePD) November 24, 2014
Ferguson did note that a collective bargaining agreement in certain cities “might affect whether police officers must consent to wearing or using body cameras.” That means some jurisdictions could require offers to turn off their cameras inside of a private home.
Several police departments have already implemented the use of body-worn cameras made by companies like Seattle-based Vievu, while the Obama administration recently noted its support for the devices. On our GeekWire radio show, we recently discussed police using the new technology with Evidence.com General Manager Marcus Womack, who explained how his company’s cloud-based system and body cameras create accountability for interactions between police officers and citizens.
Related: King County Councilmember wants police to wear body cameras for ‘transparency and accountability’